“Thika tenant” means any person who occupies, whether under a written lease or otherwise, land under another person, and is, or but for a special contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act., would be liable to pay rent at a monthly or any other periodical rate for that land to that another person, and has erected of acquired [by purchase or gift any structure including pucca structure, if any, on such land] for residential, manufacturing or business purpose, and includes the successors-in-interest of such persons but excludes any resident of a structure forfeited to the State under subsection (2) of section 6 of this Act irrespective of the status, he may have enjoyed earlier;
“Thika land” means any land comprised in and appurtenant to, tenancies of Thika tenant irrespective of the fact whether there is any claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. of such tenancy or not and includes open areas and roads on such land.
4. Lands comprised in Thika tenancies and other lands, etc. to vest in the State
With effect from the 18th day of January,1982, the following lands along with the interest of landlords therein shall be deemed to have vested in the State, free from all encumbrances :—
(a) Thika land;
(b) lands held in monthly or other periodical tenancies, whether under a written lease or otherwise, for being used or occupied as khatal :
Provided that any land comprised in, and appurtenant to, tenancies of Thika tenants created after the 18th day of January, 1982, shall also be deemed to be vested in the State, free from all encumbrances with effect from the date of creation of tenancies of thika tenants :
Provided further that such vesting shall not be deemed to have affected in any way the easements, customary rights or other facilities enjoyed by thika tenants, Bharatias or occupiers of land coming within the purview of this section :
Provided also that nothing contained in this section shall prevent the State Government or the local authority from taking up any development work on the land appurtenant to tenancies of thika tenants for public purpose.
West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001
West Bengal Thika Tenancy (Acquisition and Regulation) Rules, 2004
Kolkata thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981 [ REP]
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