provision of the Calcutta Thika Tenancy Act, 1959 even a West Bengal Nonagricultural Tenancy Act was not extended in view of Section 1 (2) of the said Act. After the said area was taken of from the purview of Calcutta Thika Tenancy Act, 1949 there was a complete vacuum on the applicability of the West Bengal Non-Agricultural Tenancy Act, obviously the premises situated within the said area was governed by the Transfer of Property Act and a suit for recovery of possession is filed under the aforesaid provision. Subsequently, the West Bengal Non-Agricultural Tenancy Act, 1949 was extended to operate within the said area more particularly, when the appeal was pending the aforesaid point was not taken before the Appellate Court including the High Court but for the first time was taken under Section 47 of the Code of Civil Procedure before the executing Court. The Court after taking into consideration that the operation of the West Bengal NonAgricultural Tenancy Act was extended to the area during the pendency of the proceeding which obviously mean that the provision of the Transfer of Property Act does not apply the Court lacks jurisdiction to decree the suit under the latter Act of the eviction can only be ordered on the grounds enumerated under the West Bengal Non-Agricultural Tenancy Act. The Court further held that it is imperative on the part of the Court to take note of a subsequent events more particularly, the extension of the operation of an Act and, therefore, it impinges upon the executability of the decree which is per se a nullity as the Court is denuded of a power to pass an order of eviction.
