Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Calcutta Thika Tenaricy Act 1949-'- s. 2(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Calcutta Thika Tenancy Act, 1949 — s.2(5) — Calcutta Thika and Other Tenancies and Lands (Acquisition and Regulation) Act, 1981 — s.3(8) — Thika Tenant — Land owner leased the premises on rent for 20 years to the appellant — Lessees- appellants given right to raise construction on the said property but on expiry of the lease were to deliver the vacant and peaceful possession of the property — Lessees raised pucca structure on the said premises for running its factory activities - Meanwhile, 1981 Act and 2001 Act coming into force ~ Thereafter, lessees claiming themselves as Thika Tenants of the said premises — Controller declared lessees as Thika Tenants —Said order upheld by the tribunal, however, the High Court set aside the same — On appeal, held: Appellants fulfilled all the conditions of Thika Tenant and came within the meaning of Thika Tenant as defined in s.2(5) of the 1949 Act ~ In view of the 1981 Act since 18.1.1982, the said land stood vested with the State along with interests of the landlord therein free from all encumbrances — Thus, the order passed by the High Court set aside and that by the tribunal upheld — West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2015 INSC 153 |
Petitioner | Nemai Chandra Kumar & Ors. |
Respondent | Mani Square Ltd. & Ors. |
SCR | [2015] 2 S.C.R. 650 |
Judgement Date | 2015-02-24 |
Case Number | 2402 |
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