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2015 (2) TMI 1123 - SC - Indian LawsFulfillment of the conditions of 'Thika Tenant' - whether Appellants come within the meaning of 'Thika Tenant'? - Held that:- We hold that the Appellants fulfill all the conditions of 'Thika Tenant' and come within the meaning of 'Thika Tenant' as defined in Section 2(5) of the Calcutta Thika Tenancy Act, 1949. Further, in view of the Calcutta Thika & other Tenancies and Lands (Acquisition and Regulation) Act, 1981 since 18 January, 1982, the land in question vests in the State along with interests of the landlord therein free from all encumbrances. As the High Court failed to appreciate the relevant provisions and erred in holding that the Appellant is not 'Thika Tenant' within the meaning of Section 2(5), we set aside the impugned judgment passed by the Division Bench of High Court of Calcutta and uphold the order passed by the Tribunal. The appeal is allowed. - Decided in favour of assessee
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