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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Surojit Sarkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. The petitioners case is that one Chhabi Rani Dutta and Rajendra Lal Dutta were original owners of the land at 23, Radhamadhab Dutta Lane, Kolkata and said land was sub-divided into different plots and the original owners granted lease to different persons. The vacant land in question in respect of the plot being plot no. 23E, was granted lease in favour of Mr. Jayanta Basu for a period of 99 years on 26.09.1968 by a registered deed. Petitioner’s further case is said Jayanta Basu thereafter inducted Sri Manik Sarkar the predecessor of present petitinoers in the said leasehold vacant land as monthly tenant on and form 1st April, 1974 at a monthly rent of Rs. 110/-. Said Manik Sarkar thereafter raised temporary construction and was carrying business therein. On 09.05.1975 said lessee Jayanta Basu created equitable mortgage by deposit of original lease deed with Allahabad Bank.
2. Petitioner’s further case is that said premises was vested upon the Government of West Bengal under Kolkata Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981, (hereafter called as Act of 1981) with effect from 2nd November, 1981 when petitioners’ pr
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.
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 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.
If a property has even one pucca structure, it cannot be classified as Thika tenancy under relevant acts, reaffirming established law on tenancy qualifications.
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