]OZAN MIAN vs TAHERA BEGUM .

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 in the State and prohibited transfers of Thika tenancy interests. The Court emphasized that under Section 5 of the 1981 Act, any agreement for transfer contrary to its provisions is void, thereby rendering the plaintiff's suit for specific performance untenable. Consequently, the Court upheld the High Court's decision to dismiss the plaintiff's suit, affirming the legal principle that statutory provisions can override contractual agreements.