Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenancy Law – Calcutta Thika Tenancy Act 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tenancy Law – Calcutta Thika Tenancy Act, 1949 – Calcutta Thika and Other Tenancies and Land (Acquisition and Regulation) Act, 1981 – ss. 3(7) 3(8) & 5 – West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 – ss. 2(14) & 4 – Thika Tenant – On 15.12.1973, ‘JN’ leased out the property to appellants for a period of 20 years – By this lease deed, the lessees were also given the right to raise construction and to use and enjoy the same during the tenure with a condition that on expiry of the lease on 30.11.1993, the lessees will have to deliver vacant and peaceful possession – The lessees raised some structure over the subject property – After the Act of 2001 came into force, the appellant filed application before the Controller for declaration that they were thika tenants and they had deposited rent with interest with the Controller for the period from 18.01.1982 till 2007 – After demise of the said ‘JN’, his heirs, transferred the property to seven companies – The Controller declared the lessees as thika tenants over the property – Objections raised by the respondents were rejected by the Controller – Tribunal found no reasons to interfere with the findings of Controller and dismissed the appeal – The High Court allowed the writ petition filed by respondent while holding that the appellants did not qualify as thika tenants – On appeal, held: Section 4 of the Act of 2001 read with the Amendment Act of 2010 put it beyond the pale of doubt that until the advent of the Amendment Act of 2010 w.e.f. 01.11.2010, erection of pucca structure on the leased land did not bring the tenant within the definition of thika tenant – The Act of 2001 and its amendments have rightly been referred to, by the High Court in the impugned judgment while construing the Act of 1981 – Amendment Act of 2010 was given only prospective effect from 01.11.2010 and not the retrospective effect – The lease in question came to an end on 30.11.1993, thereafter, the appellants ceased to be persons liable to pay rent at monthly or in any other periodical rate – In that position, they ceased to answer to the definition of thika tenant within the meaning of Section 3(8) of the Act of 1981 similarly, within the meaning of Section 2(14) of the Act of 2001 – The High Court has rightly observed that it was never held in Purushottam Das Murarka that if tenant of a land would raise pucca structure, he would automatically become a thika tenant – The High Court has meticulously examined the matter in its right perspective |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 756 |
Petitioner | Nemai Chandra Kumar (d) Thr. Lrs. & Ors |
Respondent | Mani Square Ltd. & Ors |
SCR | [2022] 11 S.C.R. 416 |
Judgement Date | 2022-07-27 |
Case Number | 2402 |
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