JNAN RANJAN SEN GUPTA & ORS. vs ARUN KUMAR BOSE

The Supreme Court held that the tenant was a Thika tenant under Section 2(5) of the Calcutta Thika Tenancy Act, 1949, as he had erected a structure on the land for the purpose of maintaining lorries, which is permissible under the Act. The Court clarified that the Thika Tenancy Act does not require the tenant to obtain prior permission from the landlord for such constructions. The appeal by the landlord was dismissed, affirming that the tenant's use of the premises for a workshop did not violate the terms of the tenancy as defined under Section 108(a) of the Transfer of Property Act.