Meaning Of Thika tenant | The West Bengal Thika Tenancy Act 2001
According to Section 2(14) of the West Bengal Thika Tenancy Act 2001 "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 contract, would be liable to pay rent at a monthly or any other periodical rate for that land to that another person, and has erected or 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.
Following are the ingredients of the thika tenant in the definition clause in section 2(14) of the Act of 2001:
A thika must be a person who holds or occupies land under another person,
It must be under a written lease or otherwise,
There is a liability to pay rent to the landlord but for a special contract to the contrary,
Rent may be paid at a monthly or any other periodical rent for the land,
He has erected or acquired by purchase or gift any structure on such land,
He mast erected or acquired the structure either for residential or for manufacturing or business purpose,
Successors-in-interest of such persons would be included within the term "thika tenant".
Any resident of a structure forfeited to the state under Section 6(2) of the Act will not be treated as thika tenant.
There is no reference to the landlord's permission or consent for erection of structure by the thika tenant in the definition Clause. It is appeared from the explanation given under various decisions of the court that thika tenant would be the owner of the structure and landlord would be the owner of the land and entitled to receive rent for occupation of the land from the thika tenants. -- Sri Sri Radha Raman Jew vs Shaligram Subah Karan Kemant, AIR 2001 Cal 78.
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A thika must be a person who holds or occupies land under another person,
It must be under a written lease or otherwise,
There is a liability to pay rent to the landlord but for a special contract to the contrary,
Rent may be paid at a monthly or any other periodical rent for the land,
He has erected or acquired by purchase or gift any structure on such land,
He mast erected or acquired the structure either for residential or for manufacturing or business purpose,
Successors-in-interest of such persons would be included within the term "thika tenant".
Any resident of a structure forfeited to the state under Section 6(2) of the Act will not be treated as thika tenant.
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