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A. M. KHANWILKAR, DINESH MAHESHWARI
Nemai Chandra Kumar (D) Thr. Lrs. – Appellant
Versus
Mani Square Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal against high court judgment regarding thika tenancy. (Para 1 , 2 , 3) |
| 2. court analysis of statutory provisions relevant to thika tenancy. (Para 4 , 12 , 14) |
| 3. findings and reasoning of the controller. (Para 10 , 11) |
| 4. arguments by parties regarding the nature of tenancy. (Para 18 , 19 , 20) |
| 5. court's reasoning on the statutory scheme and amendments. (Para 22 , 26 , 30) |
| 6. final conclusions on thika tenancy status and appeal outcome. (Para 28 , 29) |
Dinesh Maheshwari, J.
Preliminary
1.1. By the orders aforesaid, the Controller and the Tribunal had concluded that the present appellants were thika tenants in respect of the property involved in this litigation and the landlord’s interest therein stood vested in the State under the statutes governing thika tenancies. However, in the impugned judgment and order dated 10.03.2014, the High Court concluded to the opposite and held that the Controller and the Tribunal were not justified in accepting the present appellants as thika tenants in respect of the property in question.
3. Before proceeding further, we may poi
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