TMI Blog2007 (8) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement having not been carried out, the plaintiff filed a suit on 7.2.1974 for specific performance of agreement for sale. The Trial Court decreed the suit on 24.4.1990. However, the High Court upset the decree and hence the present appeal. The undisputed fact is that the aforesaid agreement was entered into between the parties while the Calcutta Thika Tenancy Act, 1949 was in vogue. The agreement was to sell structure without the land. There was no bar in transferring structure without the land under 1949 Act and a person purchasing the structure would have become a Thika Tenant. However, during the pendency of the suit, West Bengal Act 37 of 1981, The Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 (hereinafter the 1981 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancy (Acquisition and Regulation) Act 1981, during the pendency of the suit. As already noticed, the plaintiff s suit was filed on 7.2.1974 for specific performance of agreement for sale-dated 3.12.1973. The suit was decreed on 24.4.1990. During the pendency of the suit, 1981 regulation was promulgated. By virtue of Section 5, all lands and interests of the landlords vested with the Government. By virtue of sub-section (3) of Section 6 of the Act, transfer of thika tenancy is prohibited. By virtue of sub-section (2) of Section 7, any transfer in contravention of sub-section (3) of Section 6 is void. Section 4 provides overriding effect on all laws including the agreement or any decree or order of a court, tribunal or other authority. (8) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cific performance of agreement for sale was decreed only on 24.4.1990, by the Trial Court, after the agreement itself became void, by virtue of 1981 Act. In support of his contention Mr. Sanyal referred to various decisions of this Court; K.S Paripoornan vs. State of Kerala, (1994) 5 SCC 593, R. Rajagopal Reddy vs. Padmini Chandrasekharan, (1995) 2 SCC 630, Shyam Sunder vs. Ram Kumar, (2001) 8 SCC 24, Narayan Chandra Ghosh vs. Kanailal Ghosh, (2006) 1 SCC 175. The aforesaid decisions are not at all relevant for the purpose of disposal of the present appeal. (11) The High Court was of the view that after the promulgation of 1981 Act by reason of operation of law, the contract has become void, the plaintiff is entitled only to the refun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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