Deconstructing West Bengal Thika Tenancy

Over the years the Thika Tenancy laws in West Bengal have undergone widespread amendments and alterations and judicial interpretation of the same has also been varied and in accordance with changing laws. However, several disputes regarding the laws existing prior to enactments of new legislations and their applicability to different cases have called for interpretation by the Calcutta High Court and the Supreme Court of India. The following tries to elaborate upon the same. In 1949, the State of West Bengal enacted the Calcutta Thika Tenancy Act, 1949 with effect from 28th February, 1949 for better provisions relating to the law of landlord and tenant in respect of thika tenancies in Calcutta. Thika tenant means any person (including his Successors in interest) holding land under written/otherwise lease paying rental monthly/periodical to the landlord who has erected any structure for residential/business purpose except land under perpetual lease or registered lease for more than 12 years or cattle shed land for business. This Act was applicable to the lands within the Calcutta Municipal Corporation and Howrah Municipality