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april 1989

Supreme Court of India · 1989-04-03

PROVASH CHANDRA DALUI & ANR. vs BISWANATH BANERJEE & ANR.

Citation / case number
SC 1984/68494
Court
Supreme Court of India
Petitioner
PROVASH CHANDRA DALUI & ANR.
Respondent
BISWANATH BANERJEE & ANR.
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court ruled that the appellants, who were initially granted a lease for 10 years with options for extension, did not become thika tenants under the Calcutta Thika Tenancy Act, 1949, as they failed to exercise their option for a further one-year extension. The Court held that the lease was effectively for 20 years, thus falling outside the purview of Section 2(5)(b) of the Act. The Court affirmed the lower courts' decisions, rejecting the appellants' claims of estoppel and waiver based on prior judicial proceedings.

PROVASH CHANDRA DALUI & ANR. vs BISWANATH BANERJEE & ANR. · Niyam