LALTA PROSAD JAISWAL Vs. CONTROLLER CALCUTTA THIKA TENANCY

JUDGEMENT

(1.) Section 6(3) of the Calcutta Thika and other Tenancies and Land (Acquisition and Regulation) Act, 1981 prescribes that the interests of thika tenants and tenants of other lands holding directly under the State under sub-section (1) shall be heritable and shall not be transferable except inter se amongst the heirs and existing co-shares interest or to the prospective heirs, subject to the provisions of sub-section (1) of section 7.

(2.) Section 6(1) prescribes the incidence of tenancies in respect of lands vested in the State under the 1981 Act.

(3.) Section 7(1) permits the thika tenants and tenants of other lands holding directly under the State to let out in whole or in part structures existing on, or constructed after, the date of commencement of the 1981 Act on such lands but not any vacant land or any part thereof. Whereas sub-section (2) prescribes that any transfer or agreement for transfer, whether oral or in writing, in contravention of the provisions of sub-section (3) of section 6 or sub-section (1) of section 7 shall be of no effect whatsoever and the land and structure shall stand vested in the State in accordance with the prescribed procedure. Section 18A prescribes for penalty on account of contravention of the provisions of subsection (1) of section 6 of the Act as an offence punishable with imprisonment for a term which may extend to 5 (five) years and also with fine which may extend to Rs.10,000/- (Rupees ten thousand). But under sub-section (2) cognizance of any offence can be taken by the Court only on complaint made in writing by the Controller or by an officer authorized by him in this behalf.