Supreme Court of India · 2007-08-14
Rozan Mian vs Tahera Begum & Ors
- Citation / case number
- AIR 2007 SUPREME COURT 2883
- Court
- Supreme Court of India
- Petitioner
- Rozan Mian
- Respondent
- Tahera Begum & Ors
- Author
- H.K.Sema
- Bench
- H.K. Sema, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that the specific performance of an agreement for sale of Thika Tenancy became impossible due to the enactment of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 1981, which vested all lands and interests of landlords in the State, thereby prohibiting transfers of thika tenancy interests under Section 6(3) and rendering any such agreements void under Section 7(2). The Court emphasized that the 1981 Act has an overriding effect on previous agreements and decrees, thus upholding the High Court's dismissal of the plaintiff's suit for specific performance.