NEMAI CHANDRA KUMAR (D) THR. LRS. & ORSversusMANI SQUARE LTD. & ORS
2022 INSC 75627 July 2022Dismissed
The appellants leased a property in Calcutta for 20 years from 1973 to 1993 and erected pucca structures on it. After the lease expired, they applied to the Thika Tenancy Controller claiming status as thika tenants under the Calcutta Thika Tenancy Act, 1949, the 1981 Act and the 2001 Act, seeking land vesting in the St…
NARAYAN CHANDRA GHOSH AND ORS.versusKANAILAL GHOSH AND ORS.
2005 INSC 56716 November 2005Dismissed
The case concerned eviction suits filed by thika tenants (Kanailal Ghosh and others) against Bharatias (Narayanchandra Ghosh and others) occupying rooms in a house. The suits were filed under the Calcutta Thika Tenancy Act, 1949, before the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 came into force. …
ROZAN MIANversusTAHERA BEGUM AND ORS.
2007 INSC 83014 August 2007Dismissed
The plaintiff and defendant entered into an agreement on 3 December 1973 for the sale of a structure under the Calcutta Thika Tenancy Act, 1949, without the land. The plaintiff sued for specific performance on 7 February 1974; the trial court decreed in his favour on 24 April 1990. During the pendency of the suit, the …
HOWRAH MILLS CO. LTD. AND ANR.versusMD. SHAMIM AND ORS.
2006 INSC 33912 May 2006Appeal(s) allowed
Howrah Mills Co. Ltd., a company under the Board for Industrial and Financial Reconstruction (BIFR), sought to sell a portion of its land to revive its industry. While the sale process was advanced, certain respondents, claiming fractional ownership, interfered with the company's possession and the police failed to pro…
DWARIKA NATH ACOOLIversusDULAL CHANDRA BAYEN AND ORS.
2009 INSC 36 January 2009Disposed off
The appellant, claiming ownership of a property at 18/1 Ramesh Mitra Road, Kolkata, sought eviction of the respondent who alleged he was a Thika tenant under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. The respondent filed a Return under Rule 3(a) of the 1981 Rules, which the Thika Controller pro…
STATE OF WEST BENGALversusASHISH KUMAR ROY AND ORS.
2004 INSC 6933 December 2004Appeal(s) allowed
The West Bengal Bar Association challenged the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, alleging that its provisions were ultra vires the Constitution because they ousted the High Court's jurisdiction under Articles 226 and 227. The Calcutta High Court struck down sections 6, 7 and 8 of the Act, holding…