Supreme Court of India · 1965-03-15
SHEIKH GULFAN AND OTHERS vs SANAT KUMAR GANGULI
- Citation / case number
- SC 1963/249
- Court
- Supreme Court of India
- Petitioner
- SHEIKH GULFAN AND OTHERS
- Respondent
- SANAT KUMAR GANGULI
- Bench
- GAJENDRAGADKAR, P.B. (CJ)
Judgment text excerpt
The Supreme Court held that Section 30(c) of the Calcutta Thika Tenancy Act, 1949, does not apply to land for which a betterment fee is levied under the Calcutta Improvement Trust Act, 1911. The Court clarified that the requirement of land for the purposes of the Improvement Trust Act must be direct and not merely indirect through financial contributions. The appeals were allowed, affirming that the suits for ejectment were not maintainable under the Thika Tenancy Act, as the land was not required for the improvement scheme.