Back
IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya, Supratim Bhattacharya
Dynamic Vyapar Private Limited – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present writ petition emanates out of an order dated July 6, 2009, passed by the Thika Controller holding that the subject-property is not a Thika property.
2. The respondent no.1 herein preferred a challenge against the said order before the Land Reforms and Tenancy Tribunal (LRTT) giving rise to OA No.1894 of 2009, which was allowed by the learned Tribunal by its order dated November 12, 2013, holding that the let- out portion of the subject-premises is a Thika tenancy under the provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereinafter referred to as “the 2001 Act”).
3. The present challenge has been preferred against the said order of the Tribunal.
4. The learned Senior Advocate appearing for the petitioner submits that the lease in respect of the vacant portion of Premises No.236, A.G.C. Bose Road (formerly Lower Circular Road), Kolkata – 700 017 was granted in the year 1938. At that juncture, the property already consisted of land with pucca structures. The said property was undemarcated and, as such, was not segregated between a vacant land and a structure.
5. The original lessee, namely, Caltex (I
If a property has even one pucca structure, it cannot be classified as Thika tenancy under relevant acts, reaffirming established law on tenancy qualifications.
The Thika Controller's jurisdiction post-2010 amendment allows adjudication on whether land is thika land, which was not within its power before this amendment.
The provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, are not attracted where no tenancy is created and the parties are merely licensees.
A Bharatia under a Thika Tenant is not a tenant within the meaning of the Premises Tenancy Act.
The lease deed dated 03.05.2002 is void as it contravenes the Thika Tenancy Act, prohibiting transfer to non-co-sharers, and the Civil Court lacks jurisdiction in such matters.
Waqf property – Thika controller - Waqf Tribunal had no authority to usurp the jurisdiction of the Thika Controller and/or sit in judgment over a decision arrived at by the Controller which has alrea....
The jurisdiction of Civil Courts regarding Thika tenancy matters is preserved for suits filed under the prior 1981 Act despite the enactment of the West Bengal Thika Tenancy Act, 2001.
The executing court must assess a prima facie case, balance of convenience, and risk of irreparable harm before issuing injunctions in execution proceedings, especially when jurisdictional issues, su....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
