Animus Possidendi

‘De Facto’ Possessor of Object v. ‘De Jure’ Owner of Object ≈ ‘Actually’ Has v. ‘Ought’ to Have “A person who asserts possessory title over a particular property must show that he is under settled or established possession of the said property – settled possession means such possession over the property which has existed for […]

Read more "Animus Possidendi"

Express, Implied Surrender under The Transfer of Property Act / Revival of Ray XII

My Lord, When Lessor and Lessee enter Agreement for Sale/Purchase of the Tenanted Premises, Jural Relationship of Lessor and Lessee [w.r.t. Leased Property/Tenanted Premises] Ends? “Question has to be decided keeping in view Section 111 of The Transfer of Property Act, 1882 and the intention of the parties. Shah Mathuradas Maganlal, (1976) 3 SCC 660 […]

Read more "Express, Implied Surrender under The Transfer of Property Act / Revival of Ray XII"

Thika Tenancy III

Before Nemai Chandra Kumar, 2015 (2) SCALE 657, the last concluded judgment of the SC on the issue of Thika Tenancy, there was of course, Ramdas Bansal v. Kharag Singh Baid, (2012) 2 SCC 548 pronounced by Hon’ble Justice Altamas Kabir. In that case, entitlement to a portion carved out of 91, Mahatma Gandhi Road and 6, […]

Read more "Thika Tenancy III"

Thika Tenancy II

The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on the subject of “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. Saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – the Respondents, led by Mr. Salve, contended that under The Calcutta Thika […]

Read more "Thika Tenancy II"

The Evolution of Thika Tenancy

In Calcutta and its suburb Howrah, there have existed for many years precarious tenancies popularly known as Thika Tenancies. Under such Tenancy, vacant land was leased by the Landlord to a Tenant with liberty to erect structures thereupon of a temporary nature, which were referred to as “Kutcha Structures”. The structures would be owned by […]

Read more "The Evolution of Thika Tenancy"