VidhiSangh

Supreme Court of India · 27/07/2022

NEMAI CHANDRA KUMAR (D) THR. LRS. & ORS versus MANI SQUARE LTD. & ORS

[2022] 11 S.C.R. 416 · 2022 INSC 756

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Under a registered lease of 1973, land in Kolkata was let for 20 years, and the lessees put up a pucca factory structure. The lease expired in 1993. In 2003 the lessees claimed thika tenancy and the Controller and the Tribunal held that the land had vested in the State. The Calcutta High Court reversed. The Supreme Court affirmed the High Court and approved the Full Bench decision in Lakshmimoni Das. Until the 2010 amendment, which applies only prospectively, 'any structure' in the thika definitions under the 1949, 1981 and 2001 Acts meant a kutcha structure. The appellants were not thika tenants: their structure was pucca, the lease exceeded 12 years, the 1981 Act had been stayed for this property, and after 1993 they owed no rent. Nothing vested.

Issues

  1. Whether 'any structure' in the definition of thika tenant under the Calcutta Thika Tenancy Act, 1949 and its successor Acts includes a pucca structure.
  2. Whether lessees under a 20-year registered lease who erected a pucca structure became thika tenants so that the land vested in the State under the 1981 or 2001 Acts.
  3. Whether persons holding over after the lease expired could claim thika tenancy under the 2001 Act.

Provisions considered

Held

Result

Appeal dismissed. The High Court's judgment holding that the appellants were not thika tenants and that the land had not vested in the State was upheld. The occupancy charges deposited, with interest, were released to the first respondent. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 416.