LexThe west bengal non agricultural tenancy act, 1949
West Bengal · state statute
Open in Lexace · Ask the AI about this act0
West Bengal Act XX of 1949
THE WEST BENGAL NON-AGRICULTURAL
TENANCY ACT, 1949.
CONTENTS.
CHAPTER I.
Section.
1. Short Me, extent and commencemcnr.
2. Dcfinirions.
CHAPTER 11.
Classes of non-agricultural tenanis.
3. Classes of non-agricullural renanrs.
4. Purposes for which non-agricvllur;ll tcnani may hold non-agricultural land.
5. Tenancies hcld by a non-agricultural Lenanl.
CHAPTER 111.
Tenants.
Manner of use or non-agricultural lands.
Incidents of cerrain lcnancies.
Renewals of least: ofienancizs held for no1 less than twelvc ycars and succession to, and I
transfcr of, such tenancies. i I
Incidents of nun-agriculrural lenancies held for lass lhan lwelve ycars.
Restric~ion on wansfcr.
Special incidcnls in case of misusc of non-agricultural land.
Enhanccmenr of rent. . .
Provisions as to enhancement on ground of landlord's improvement.
Power to ordcr progressive enhanccmcnl.
Limitation of right to enhancemenr.
Reduction of rcnl. . .
CHAPTER 1V.
16. Applicauon of Ctiapter.
17. Tenns on which an under-tcnant may be adrni~rcd lo occupation of non-agricultural land.
'-
1 8. Rale of renl payable by an undcr-tenant.
19. Enhancernenr of rent.
20. Ejeclmen~ of an undcr-tenmi.
21. Other incidents or tcnancics of under-tenanrs.
22. Special incidents of [enancics of under-tenam.
Tile tikst Bclrgul %II-Agrinrlrrtrd Teaatrcj Acr, 19rC9.
[N'est Ucn. Act
CHAPTER V.
Provisions as to transfer of non-agricuitural Iand.
Manner or ~rnnsrcr of non-agricullural land and no~iccs to IandIords.
Powcr of llle co-sharcr or thc immediate landlord of transfcror lo purchase.
Saving ;is ta sralerneilrs in inslrumenu of lransfcr where landlord is nor a party.
Inlcrprclntinn.
CHAFER V1.
Record-of-rights and sctllement d renfs. . .
. .
. .
Rcvision or preparation or record-of-righrs. . .
Draft and final publicarion of rccord-of-righ~s,
Correction of cnrry in record-or-rights.
Ordcr for cstirnate of fair and equitable reors a[ nun-agricullural lands and prcparalion of
a sciilcmcnt rent-roll.
Procedure where borh non-agricullura1 nod other lands arc concerned.
Publication of sc~tlernenl renr-roll, hcaring of objecdons ;md confirmalion.
Final rev~sion ol sctrle~nent rencruH and irs confima~ion by prescribed Rcvcnuc authnrily.
Appcals.
I
Suils.
Nnri fica~ion of order under seclion 27 or seclion 29 LO hc conclusive evidcnoc.
Presumption of rcnts settled undcr scctions 30 10 33.
Correcrion or sculemen~ rent-roll.
Sct~lentenr of rcnts in respect oi non-agricultual lands by Revenue-orficcrs in the case
where a selllcrncn~ nf land revcnuc is ngt being or is no1 about lo bc mdc.
S tay or proceedings in Civil Court during prcparalion of rcvord-or-righu under sccrion 27.
Dalc rrnm whicll scrrlcd renls take clrcct.
Pcriod For which rcnls as seltlcd arc 10 remain unnlrcrcd.
lnlerprelalion.
CHAPTER VLI.
Gcncral provisions as to rent of non-agricultural tenancies.
Renr to he paid ycarly.
Time and placc Ior paymenl or rcnr.
Approprialion of paymcnrs.
Nnn-agricultural tenanl making payment to his IandIord cn~itled lo a receipi.
Nun-agriculrural tenanr cn~irlzd to full discharge or slntment of account a1 closc of ye:u. i Pcnalrics and fine for withholding rcccipts and slalcmenrs of sccounr and failing to keep i cwnrerparts.
Srarc Governmen1 L(J prepare forms of receipt and account.
Erfcct of rcccip~ by regisrcrcd propricror, manager or mortgagee.
Tile Wesr Betigal hro~~-Ag~~icrrlt~rr-al Te~iurr~y Ad, 1949.
5 1. Appljcalion lo dcposil renr in Couf~.
52. Rcceipr granled by Courr Tor rent depnsircd lo be a valid auqui~~ance.
53. Procedure for paymcnt lo the landlord of renl depnsitcd.
54. Paymen! or rcfund of deposi~.
Palalry for refirsitrg 10 receive re~~t.
55. Penally for refusing 10 rcccive renr ~endcrcd by postal moncy-order or dcposilcd.
56. Liabili~y io sale for arrears.
57. Inlercsr on arrears.
58. Powcr to award damngcs on renr wi~hhcld wilhont reasonable causc, or ro defendan[
improperly sucd for rent.
59. Non-agricultural IcnnnL no1 liable lo rmnsferee of landlord's intsres~ For rcnl paid lo fomcr
Iiindlord withnu1 noucc of the trzlnsrcr.
60. Liabili~y for rcnt before cmnsfcr of tenancies.
I
61. Ab~aab, c!c., illcgal.
62. Fine for rcalisa~ion of ab\vab, cic.
63. Rnnlly for exactiiln by landlord from non-agriculrural rcnnnl of sun1 in cxocss of rhc rcnl
pay able.
,, --
CHAPTER VIII.
...
Improvements.
64. DcLnition of "improvcmcnt'.
65. Rights 10 make improvcmcnts.
GG. Colleclor to decide qucs~ion as to righr Lo m,&c improverucnt, c~c.
67. Regisrralion of landlord's improvcmcnts.
68. Appliculian to rccord evidence ns ro improvemenl.
CHAPTER IX.
Other incidents of non-agricultural tenancies.
69. Eviction of non-agricultoral tcnanls holding lcnancics condi~innal upon en~ploymcnl in
indus~rial concerns.
70. No ejectment except in cxcculion of decrec.
7 1. Application of the Transfcr of Property Acl, 1 882, or other law.
The West Bengol Norr-Agricrrltrrrul Tetta~icy Act, 1949.
[West Ben. Act XX of 1949.1
CHAPTER X.
Conversion of agricultural lands into non-agricultural tenancies.
72. Conversion of agricultural lands into non-agricultural lenancies in ccrlain cascs.
CHAPTER XI.
Judicial procedure.
Regard lo be had by Civil Courts 10 cnuics in record-of-righu.
Execurion of decrees for arrears of renl by ossignccs or such decrees.
Rclicf against Forfci~ures in cerrain cases.
. .
Protecuon of thc inlcrcs~ of an under-[enant having Ihc rights and lislbiliiics or a tenant in
case of sale for arrears of rcnr.
Delivery of possession of land sold for arrears OF rent which has any s~mcturz ercclcd on il
by a non-agricultural tenant.
Purchasc of non-agricultural tenancy in execution or n decree for arrears of rent to take
effect from thc datc of confima~ion of [he sale.
Rutes for disposal of sale proceeds.
RcIca3c from atrachrnenl of non-agricullural tenancies on paymen1 into Coufl of [he arnoun!
ofdccrcc or on confession of satisfac~ion by the dccrcc-holdcr.
An~ounr paid inlo Courl to prevent sale to be a morlgagc-dcbt on thc Icnancy in cenuin
cases.
InFerior lenant paying into Court may deduct from renl.
Dccrcc-holder may bid at sale, judgmenr-dcbror may no[.
Mcnning of "mears" and "arrears of rent".
CHAPTER XII.
Miscellaneous.
Bar to applicalion .or Act to certain lands and lo ccrlain lcascs.
Cenain conIracls no1 lo affect the provisions of he Acl.
Jurisdiction in proceedings undcr this Act.
Applicalion.
Saving of limitation.
Cornputarion of rhc period for which non-agriculrural land has been held in cerlain cases.
Rcpcal of Bengal Act XIX of 1936 and Bengal Acr IX of 1940.
Rules.
0
West Bengal Act XX of 1949"
THE WEST BENGAL NON-AGRICULTURAL
TENANCY ACT, 1949.'
Wcsl Bcn. Act XXTV uT 1953.
West Bcn. Acl VIII of 1974.
Wesl Bcn. Act LIII of 1976.
Wcst Ben. Act XXII of 1986.
The Adaplarion of Laws Order, 1950.
[Slh 15In): 1949.1
WHEREAS it is cxpcdient ro makc bcrler prorision rclaling to thr: Inw
of landlord and tenan1 in rcspccr of cerlain non-agricul~ural tenancies in
West Bengal;
CHAPTER I.
Preliminary.
1. (1) This Acl may he called ~hc Wcsl Bengal Non-A=ricullural Shont~tlc.
Tenancy Acl, 1949. ex~cn~ COIIII~W~CC- and
'(2) Ir clirznds to thc whole of Wcsr Bcngal exccpl thc area lo which llrlll.
~'CFI Atn. [he provisions of the Calcurla ThiA-a Tenancy Act, 1949! npply bul no1
ACLtlnf cxcep~ing thc ama to which such provisions may have ccascd or may 1949. hcrcafier cease to apply by vjrluc of any law for thc time being in force.
(3) Ir shall cornc inlo force on such datc* as the J[Statc] Governrncn[
may, by norificatinn in thc Oficicll Guzette, appoint.
2. In [his Acl, unless there is nnylhing repugnant in [he subjcct or kfini~ions.
context,-
(1) "Bengali ycw" means a ycnr cnding on thc last day of thc
Bengali moot11 of Clraitra;
'~ks Arccxtended toC~dcm~gon w~thcllccl born thc appo~nccd day undcr sccu~n 8 nT
~hc Chmdemagorc (Assiniilalion of Lvvs)Act. 1955 (IVcst Ben. Act IV of 1955)
'For thc ~rarc~nenl olObjcc~s ud Remns, lee Ihe Cnlcurt~ Gflzetre. ~rmbniir~aq: uT
1448, Pad W, pagc Y2;md for hc Prwcrd~ngsof Ihc West Bcngd Legislatiuc Assembly, J~L,
!hr hocccdings orrhr miing ofihe\'esrI3cngal Le,isbiiwAsscnibly held on thc IRth and
thc 191h January, 1949.
'Slib-scczioa (2) IVX first sutrs~i!utcd by s. 7, orrhe \\rfit Scngal Non-Agricul~unl Tcnanr y
(A~nzndmcnl) Acl, 1974 (\Vat Bcn.Ac! VIll of 1973).ThcrraRtr, hc sa~~~c w;usrc-~ubslilu~~d
by s. 2orths iYcsr Bcngal Non-AgriculludTenmcy IAl~~ndltien~)Acl. 1956 (\Vest Ben.Acl
XXII OF 1rm6).
lThc Calcu~ra Tlriku Tenancy Act. 1949 (~Vcsi Bcn. Acl 11 01 1949~ wa~ rtpcaled aid rc-
cnaclcd by thc Cdculra T11il;o Tcnmcy (~cquisition md Rcgula~ion) Act, 19RI (\Vcsl Ben.
kr XXXVllof198 1 ).
'This Acr cm inlo inr~r: on ~hc 15th &lay, 1939, ride No~iliw~ion No. 3hgUL. RcT.. ducd
thc 6th May. 1949. published in ~hr Cnlcrrrm Guxrte, dared ihc 12rh May, 1949. Pan 1.
page 800.
'This word ~ilhin rhc square brackcts wa~ subsli~urcd for the mrd "Provincial" ,. -. .. , -. . .
Tlie \Vest Bellgal Norl-Agriclrlrlrral Te,lo~~cy ACI, 1949.
[West Bcn. Act
(Chapter I.-Preliti~i~ra~.-Serrio~ I 2.)
... ,
(2) "Collcclor" includes any oficer appoinlcd by [he '[Sra~c]
Governmcnl 10 perform nil or any or the functions of a
Collector under this Acl;
(3) "landlord" means a pcrson imrncdintcly undcr whom a non-
agricullural Icnnnt holds and includes ~hc Governrncnt;
(4) "non-agricultural land" mcans land which is uscd for
purposes not connecred with agriculrurc or horticulture, and
includes any land which is held on lcase for purposes not
conneclcd wi~h agricullure or horricullure irrcspective of . .
whelhcr il is used for any such purposes or not, bul does not
include-
(a) a homeslead ro which thc provisions or ?[the West :wcs~Ben.
Bcngal Land Reforms Act, 19551 apply, An 1456.1 X of
(b) land which was orginally leased for agricullural or
horticultural purposes but is bcing used for purposcs
nor conneclcd wirh agriculturc or hoi-iicullure withoul
the conscnl either cxprcss or implicd ol the landlord,
if [he pcriod For which such land has been so used is
less than twclvc years, ?* .
(c) land in [he dislricts of Darjccling or Jalpaiguri which
is hdd for purposes connec~cd with [he cultiva[ion or
manufac~urc of tea, '[and]
$(d) land vcsrcd in, nr in [he possession of, thc Slate
Govcmment in rcspect of which any licensc has been
granted by lhc Stale Goucmmenl:
Provided lhar where an arder has becn made under
seclion 72 converting a parcel of land which is no1 non-
agricuhural land into a lenancy to which rhe provisions or
lhis Act apply such land shall be dccmed lo bc non-
agricultural land;
(5) "non-agricultural en an^" mcans a person who holds non-
agricullural land under anolher person and is, or bul for a
special contract tvould bc, liable to pay rent to such person
for [ha! land but does no[ include "[a pcrson who holds any
premises or par[ of any premises, situaled on non-agriculwral
'See roni-nnrc 5 on pagc 121, a~rfc..
Thcrc words and figures md ~hc nmnd relerencc wirhin the squarc bnckcis wen:
substirulcd for the words and 6gum "'section 182 of the Bengal Tcnancy Acl, 1885." and
rhc marginal rerercncc "VI11 of 1885." by s.. 3( 1) of ~hc \Vcscsl Bcngal Non-A~icultud
Tenancy (Alncndlncnr)Acr, 1973 (\Vcsi Ben.Ac1 Vlli ol1974).
'Thc word "and wPa olniticd by s.?(a)(i)orlhc Wcsr Bengd Kon-Agricul~unl Tcnancy
Ihmendmeni) Acl. 1953 (IVesl Rcn, ACI XX'IVoT 1953).
'The word "and" wus addcd by s.2 (a)(ii), ibid.
$The sub-clausc (d) was addd bys, l(nl(iii), ibid.
'Thzsc words wirhin the swum bnckc~s wcrc substimtcd lor thc words -';my pcrson
who holds,my such land on which my prcmiscs occupitd by such pcson an: siruaicd if
-..-h -----.-~--h~~.m konn r-rqrrl nr qrr. n-1-nrd h~. rhr nPmnn in rnrhnrn sl!rh nrpllnirris. or
The West Bengal NOII-Agricrrl~~rr~~l 7i.trrrrrcy Act, 1949.
XX or 1949.1
(Cl~opter 11.-Cla.~,~es of ~lo~l-ng ricultrtral fetlarrls. -Sncrior~s 3, 4.)
'[\lfcsr Rcn,
I\C[ x or
1956.1
IV ol' 1882.
land and erected or owned by ano~her person, and who is,
or hut for a spccial contracl would be, liable to pay renl for
such premiscs or such part of the premises lo such person.]
E.rplatrafion.-In [his clause "premises" means any
building, such as a housc, manufacrory, warehouse, stable,
shop or hul whcrhcr cons~uc~cd ormasonry, bricks, concrete,
wood, mud, mc~al or any othcr malcrial wha~socvcr and
includes any land apperlaining ro sucll budding;
(6) "prescribed" means prescribed by rules made under this Acl;
(7) "prtcm strucrure" means any strucrure cons~ucted mainly
of brick, slone or concrcre or any cnmbination of ~hesc
malcrials;
(8) all words and cxprcssions uscd but no1 dcfincd in rhis ACL
and uscd in '[the Wcsl Bengal Land Rcforms Ac!, 1955,] or
the Transfer of Propcrty Acr, 1852, havc the same meanings
as in ~hosc Acts.
Classes of non-agricultural tenants.
3. (1) There shall be. for the purposes of this Acl, [he following cra~cssof
classes of non-agricul~ural ienanls, namely:- non-
agricul~ud (a) ~cniln~s, and Iman&.
(b) under-tenants.
(2) "Tcnam" mcans a person who has acquircd '[a right lo hold non-
agricultural land dircctly undcr Ihc S~atc] for any of ~hc purposcs providcd
in this Act, and includes also [he successors in inleresl of persons who
have acquired such a right.
(3) "Under-tenant" means a person, who has acquired a righl lo hoId
non-agriculrural land For any of the purposes provided in [his Acl either
imrnediarcly or mcdialcly undcr a lenanl and includcs also lhc successors
in inleresl of persons who have ncquired such a right.
4. A non-agricultural lenanl may hold non-agtjculrural land for- Purpnsmioi
whichnon- (a) homcsrcad or rcsidcntial purposcs; agricul~unl
(b) manufacturing or busincss purposes; or lcnanlluay
hold non-
(c) okr purposes. agricuilural
I.md.
'Thcse words and figurcs and rhc mxgind relerence wcrc subsli~u~cdror rhc words and
figunrs "ll~c Bcngal Tcnancy ACI, 1885." and the marginal re~erencz "VIlI OF 1885." by s. 3(7)
nrik U'csl Bcngd Non-Agriculrud Tcnmcy (hrncndnlcn~) ACI, 1974 (Wcst I3cn. Acr Vlll of
1974).
Thc~vordswi~liin rhc squan: bnclicrs wtresubsri~u~cd Torrhc words "lrorn apropricroror
!7 7~n~~w.hnld~~r~ Gnhl rn hmld nnm.qm~~~~lr~uml lqnrl" ht* c 4 ;I,;,!
'Tcnqcits
hcld'hy a
non-
agriculruml
1cn.mI.
Tile West Bengal N~I-Agricrrltural Te~~a~icjl Act, 1919.
[West Bcn. Act
5. A non-i~gricul~ural lcnanl shall be dzc~ned to hold any non-
agricullural land-
(a) Tur homcs~cud or rcsidcniial purposes if such ienanl is
cnljllcd, undcr thc lcrrns af any agrccmcnt bclwccn hinisclf
and the landlord. lo use or is actually using such lnnd lor
homesread or residential purposes;
(b) Tor manulacturing or business purposes IT such lcnant is
enrjtled. under the terns of any apccmcnt bcrwccn himsell
and he landlord, to use or is actually using such land for
carrying on therein any commercial or indusuial cn~erprise
or any trade or business; and
(c) for other purposcs if such tenant is entitled, under the rernls
of any agreement bctwccn himsclr and [he landlord, ro usc
or is actually using such land for any purpose not connecled
with agiculturc or horliculture other lhan-
(i) [he purposes specified in clauscs (a) and (b),
(ii) the exercise of any foresl-rights or rights ovcr fishcrics
OF righls to minerals in such land.
Tenants.
hImncrof 6. (I) A tcnnnr holding non-agricultural land rnay use such land
, in any manner which is not incansisenl with the purposcr OF (he tcnancy
lands. and which does not materially impair hc vnluc or such land.
(2) A tenant holding non-agricullural land compriscd in any lcnancy
ro which the provisions of seclion 7 or section 8 apply shall be cnlidcd-
(a) to crcct any slrucrure including any p~rcca structure;
(b) lo dig any lank; and
(c) to plant, enjoy the flowers, fruits and ohcr products of, and
fell and u~ilze or dispose of he lirnbcr of, any ucc
on such land:
Provided that he shall nal bc cntitlcd ro conven any such land inro a
plxc OF religious worship without [he previous conseni of [he landlord.
(3) A tenant holding non-agricullural land compriscd in any tcnancy
ro which he provisions of section 9 apply shalI bc enlilled-
(a) to zrccr any strucrurc athcr than a prrcca structure;
(b) to plant, and enjoy the flowers, fruils and olhcr producls of,
any trcc, and
(c) LO fell, and utilizc or dispose of the timber of, any tree planled
by bim
on such lnnd:
Provided [ha1 he shaIl not bc cnutIcd to convert any such land inlo a
place of religious worship withou~ the previous consent of he landlord.
TAe \Vest Berrgal Nan-Agricrrlfrrral Tenatrq Acr, 1939,
(Chupter III.-Terrmr fs.-Seclio 7.)
7. Notwirhslanding anything contained in any othcr law Ibr thc lnciden~sof
- limc bcing in forcc or in any contract- ccnain, rcnmciei.
(I) if any non-agricultural land has bccn hcld wirh or without
any lexc having been entered into by the landlord and thc
rcnant from before the commcnccment of the Transfer of
Propcrty Act, 1882, or if thc origin of any tcnancy is
unknown, or
(2) if [he non-agricultural land compriscd in any tenancy
which has been or is created after lhc cornmencemcnt
or the Transfer of property' Act, 1 882, has been held for a
tcml of not lcss than twclvc years whithout any lease in
writing, or
(3) if any nun-agricul~ural land hx bccn held for a tcm of not
lcss ~han ~wclvc ycm undcr a lcasc in wriung bur no tcrm
is specilicd in such lease, or
(4) if any non-agricultunl Innd held under n lcasc in writing
lor a period specified therein continues to he held with the
cxprcss or implicd conscnr of [he landlord illier Ihc expinuon
of ~hc timc limi~cd by such lcnse and the total period for
which such land is so hcld is less than ~welve years, or
(5) iT the landlord has ollowcd prrccn struclurcs to bc crccled
on any nun-agricul~unl land hcld undcr a Ic~sc in wriling
lor n period spccificd rhcrein. wlierher such su-ucrures have
bccn crcctcd,-
[a) bclbrc hc expiration of the said period, or
(b) whcrc such non-agricultural land continues to be held
with [he express or implied consent of rhc landlnrd dtcr
the expiration of the said period, during Ihc pcriod such
non-agricultural land so continues 10 be held,
(i) ihc tcnant holding thc non-agriculturaI land
compriscd in such lcnancy shall not be cjected
by his landlord from such land cxcepl on the
ground that hc has used sue11 land in a manner
which renders it unfit fur use for thc purposes
of [be ienancy,
(ii) lIle jnteres! of [he tenant in he non-agricultural
land comprised in such tcnancy shall, in the
cnsc whcrc such unant dies inlcstate in respec1
of such inleresl, be rransmitted by inheritance
in the same nianner as his other immovable
nrclncrt v:
I<cncwalsol
ICXW or
t cnmcics
hcld for no1
lcss than
t\iVcI\~c ycm
and
succession
!on md
tmsicrol,
such
ttnmcills,
The \Vest Betrgnl NOII-Agric~rltrrr-{ii Te~rurlcy Act, 1949.
[Wcst Ben. Act
Provided [hat in any case in which undcr thc
law or inheritance to which such tcnant is subjecl,
his orhcr propeny goes to ~hc '[Government], his
inlercsl in such land shall be exlinguished, and
(iii) thc non-agricul~ural land comprised in such
lenancy or a share or a por~ion lhereof logether
with the interest of the renanl [herein shall, subjcct
ro the provisions of this Act, hc capahlc of bcing
transfcrrcd and bcqucathcd in ~hc samc manncr,
and 10 thc samc cxtcnt as his orhcr immovable
properly.
8. (1) Nolwilhslanding anything con~ained in any orher law Tor
the time being in force or in any contract, where any non-agricultural
land is held undcr a leasc in wriling [br a tcrm of not lcss than twelve
ycars spcvificd in such lease, [he lenanl holding such land shall, on
the expiralion OF he period so specified, he entitlcd to thc option of
successive rcncwals or such Icasc on such fair and rcasonablc conditions
ns to rcnr as may bc agrced upon between lhe landlord and such
tcnnnl:
Providcd that no prcmium or saiurtri be payablc in respect of such
rcncwal.
(2) IT thcrc is any dispute as to whether any condi~ion for'[he
renewal of a leasc under sub-sec~ion (1) is fair and reasonable. rhe Imdlurd
or the tenant may apply in the prescribed manner to the Court, and the
Court shall thereupon dctcrminc thc condilions for rcncwal or thc lease
which it considers rair and reasonable in [he circurnsrances of lhe case.
(3) A tcnant holding non-agricultural land cornpriscd in a tenancy
lo which the provisions of sub-section (I ) apply shall not be ejected by
his landlord from such land during the term speciLed in the lease, nor
nficr rhc tenant has on any occasion cxcrcised his option or rcncwal,
during thc tcrm of such rcncwaI cxccpl on thc ground that hc has used
such land in a manner which renders it unh For usc for the purposes of
the tenancy.
(4) The interest of the tenam in any non-agricul~ural land held under
a lcase lo which the provisions of sub-seclion (I) apply shall, during thc
rerm spccificd in thc Icsc, or whcrc [hc tcnanr has cxcrciscd his option
of renewal, during thc term of such renewal-
(i) in the case where such tenanl dies inteaate in respecl of
such interest, be transnutted by inheritance in the same
manner as hs other ialnlovable properly:
'This wordwi~hin rhc squmbnckers wm suhs~i~u~ed lorhe word"CmwnW by pan. 4( 1)
of he Adaprarion oihws Ordcr. 1950.
The Ilh-I Be~gol Notr-dgrit-rrlrrrrcrl Ter~o~icy Act, 1949.
Providcd lhal in any case in which, undcr [he law
or inheritance ro which such tcnant is subject, his other
property goes to [lie l[Governmcntj, his interest in such Iand
shall bc extinguished; and
lii) subjccr to ~hc provisions ol rhis At.[, be capable of being
transferred and bcquearhcd in the sanic manner and to the
same cxtenl as his ohcr immovable properry.
9. (1) Nolwilhstanding anything contained in any olher law for
the Ijme bcing in force or in any contracl, if any non-agriculrural land
has been held for a term of more rhan one year but less than twelve
ycnrs-
(a) under a lease in wri ling for a tcrm of more than one ycar but
less ~han twelve years lo which the provisions of clause (5)
of srclion 7 do no[ nppl y, or
(b) without a lease in writing, or
(c) under a Iease in wri~ing but no term is specified in such
leac,
lhcn the tcnant holding such non-agricultural [and shaH be liable to
cjeclmcnl on one or more or the following grounds and not orhenvise,
namely:-
{i) on thc ground that hc has used such land in a manner
which rendcrs it unfit Tor use for the purpDscs of ~hc
tcnmcy ;
(ii) on thc ground that the term of the lease has expired in
he case of tcnancics of the class specified in clause (a);
(iii) on the ground ha! the icnancy has been tcrmina~cd by the
landlord by six months' notice in writing expiring with thc
end of a ycar OF thc tenancy servcd on thc tenam in thc
prescribed manner in rhc case of tenancies of [he class
specified in clause (b):
Provided tha~ [enant shall not be liable to cjeclmcnt on
the ground specified in clause (iii) except oh payment of
such reasonable compensa~inn as may be agreed upon
bcrween the landlord and the tenanl or if lhcy do nor agree,
as may be dcicrmined by he Court on thc application of he
landlord or such tenant.
Incidents of
non-
agricul1ud . . . .
~cmcics
held for lw
, - . .
lhan twtlvc
ycus.
-- -- - --
'See ~OOI-no!e I on pnge 126. ~re.
Tile \Vest HetrgnI No))-Agricrrlrrrr.lII Tetrancy Act, 1949.
[West Dcn. Act
(Clznpler- 111.-Tet~u~zis.-Stc~iun 9A.)
(2) Thc inlrresr ol thc renant in any non-agriculturnl land ro which
F rhc provisions of sub-scc~ion (1) apply shall,-
(i) in the case whcrc such rcnanl dies inresrarc in respec1 of
such in~eresl, bc ~ri~nbrnilted by inheritance in ~hc same
tnanncr as his other immovable propcrty:
Pravided [ha[ in any case in which under rhc law of
inllcri~nncc ID whicll such tcnanl is subjcc~ his other propcny
goes to thc l[Govzrnmen~], his in~ercsl in such land shall bc
cxlinguishcd; and
(ii) suhjecr lo 111c provisions of this ACL, be capablc OF bcing
~ransrcrrcd and bequca~hcd in he samc manner nud to rhc
same exlcn! ns his other immovable properly.
Rvmicliun '9A. (1) Nolwithsranding anything coniaincd clsewl~ere in [his
011 rmsicr. ACI or in any law for r11c limc being in force or in any contracl, express
or inlplicd or in any cuslom or usage. 10 thc contrary, no person with
whom any land is or has bccn set~ted by or crn behalf of the Sraie
Go\.crnnlrnr for thc purpose of coflsrructing a drvclling housc rhcrcon
wirhout any prcn~ium or selotsi king charged for such sc~tlcmznt, shall
be en~irlcd lo lransfzr such Innd except by way of a simplc rnnngage or iI
rnorlgage by dcposit of ~irle-dccd in favour or a bank, or a to-operative
sociely or a local or sisllurory au~hority or 111c Life lnsurrrncc Corporation
of India:
Provided that any person who sccks lo exchnnge his lnnd with some
o~hcr lilnd on the ground that [he orhcr land serves his purpose bclrcr For
constnrcrjng n dwelling llousc thereon, may apply to the Collecior, i~
such nlnnncr as may be prcscrihed, for pcrinission to do so and thc
Collccror may, upon such enquiry as he considers necessary, cither grant
or rcrusc rn granr thc permission sought for by him.
(2) If the Collucrur. on his own motion or on applicalion made ro
him in rhal behalf, arlcr giving rhc punjes concerned an oppnrlunily of
bcing hcard and ahr making such cnquiry as may be considcrcd nccessxy
is satisfied tlml a rrnnsler of any lnnd has becn made in conrravcnrion of
tliz provisions of sub-sccdon ( I ), hc may, by ordcr in wiling, annul the
~ransfer or buth the serllcmenl and thc ~ransfcr, as may bc dccmed
ncccssary.
fil~lu~~r~tion.-For rhc purposes of this section. 'hank' lncans a
banking company as defined in clause (c) 01 section 5 of the Banking lo or 1419.
Regulalion ACL, 1949 and includcs he Srare Bank of India crlnstiruted
'Scclion 4A leas inscr~cd by s. 7 or rhc IVCSL ncngal Nan-Agricullural Tenancy
(Arnsndniunr) hcf. I976 (i\ksl Bcn. ACI LllI uf 1976).
' 13 of 1955. under the Smre Bank of India Act, 1955, a subsidiary bank as dcIincd in
. 3s or 1~597: I~Z Slate Bank of India (Subsidiary Banks) .4cr, 1959, il corresponding
5 of 1870. nclv bank as dcfined in clnusc (d) oisccrion 2 aT lhe Banking Cornpanics
(Acquisition wd Transfer of Underlakings) Acl, 1970, a Regiorlal Rural
21 of 1976, Bank es~ablislied undcr thc Regional Rural Banks Acr, 1976, a banking
ins~itu~ion norificd by thc Central Govern~nent undcr scctinn 51 vf
[he Banking Regulation Acl. 1949 arid also includcs any other
financial insti~ulio~~ wllich may bc notified in this behalf by 111c SI~IIC
Govcmmen~.
, . ,
10. Notwithstanding any~hing conlaincd clscivhcre in this Acr or in spccid
any othcr law for thc timc hcing in force or in any conlracr wl~erc any F:,~AF~~~~ non-agricuItural land held by n non-agricultural (enan1 or any share or misucor
parlion [hereof is uscd-
(a) for any immoral, illcgal or unsocial purposc. or
(h) in any nianncr so as to bcn~me a source DT grnvr dangcr to
Be public peace or public safely,
a co-sharer tenant or dlc landlord of thc non-agricul~urnl tcnant may, il
such land or shnrc clr purlion is conliguous to any land in the actual
possession of such co-shxcr lenant or landlord, as thc case may he, apply
lo thc Courl for such lalid or shuc ur portinn to he rransfcrrcd 10 himsclF
on paymcnl of such considerauon as may hc dc~crmined by rhc Court:
Provided that if ~wo or morr: pcrsnns apply under this sculion for
such rnnsfer, the Courl shall dclcnninc the priorily of !lie rights of rhc
respective applicanls to purchasc under this sec~ion.
11. (1) The rcnr pnynblc by a lenan t in respect ol' my nun-ugricullural hhvc-
land shall, excepr in [hc cast whcrc such land is held on a fixcd rcnl or
lree of reni eilher undcr a conlraot or under a decrec or ordcr passed by
a compclcnl Cuurt or nuilinrity, bc linblc lo cnhancement as provided by
[his Act, and not othcrwisc.
(2) nlc renr payablc by a rcnant nlay be enhanccd up lo such limii
as thc Cour~ rhiriks fair and rqui1able in the circums~anccs of hc cast:
Provided rliat rhc rcnl shall not be enhanccd so as LO cxceed [lie
renl previously payablc by thc tenant by marc lhan lwclvc and a half
per cetlIllllr.
(3) In dctcrmining a fair and cqui~ablr mnl under sub-section (2),
rl~e Courl shall, subject LO such furthcr provisions as may be prescribed
in Illis bchall', lake inlo considerarion-
(a) thc cxisting rent and the period during which it has rcrnined
wilhoul cnhancemenl;
(b) as far as can cxpedienlly be asccr~ained, the rent paid lo
other landlords for non-agricultural lands in he vicinity
wirh si~nilnr advnntslgcs or of a sirnilar dcscrip~ion;
Rorisions as
to cn1i.m~~-
inenl on
pund of
landlord's
i~npmvc-
mcnl.
Power 10
ordcr pm-
pLE11'C
cnlunce-
Iiwnl.
Ttre West Betrgal Noti-Agrictrlrtrral Tenarrcy Acr, f 949.
(Cl~apter Ill.-Tetla~~rs.-Sec~iorrs 12- 14.)
[West Ben. Act
(c) the market value of [he non-agriculmral land and the rent
which would bc payable if thc ratc wcre fixed at not morc
than rour per cetllrrlll of such market valuc;
(d) thc spccial conditions and incidents, if any, of ~hc tcnancy;
and
(e) any cos~ incurrcd in making any improvcmcnt to or on the
non-agricultural land or in converting such land for thc
purpose for which it is being used according to the condilions
of the rcnancy.
12. (L) When an enhancemen[ is claimed on the ground of a
landlord's improvement,-
(a) [he Courr shall not grant an enhancement unless the
imprclvcment has been registered in accordance with the
provisions of this Act; and
(6) in derermining [he arnounr of enhancement he Court shall
have rcgard lo,-
(i) rhc incrcasc in thc valuc or thc non-agricultural land
caused or Iikcly 10 bc caused by the irnprovcmcnr,
(ii) thc cost of thc improvcmcn~,
(iii) thc cxpcndirurc (ir any), rcquircd for utilising rhc
improvcmcnt, and
(iv) [he exisung renl and he abiIily of [he non-agricullural
land lo bear a higher rent.
(2) A decree under his seclion shall, on [he applicalion of the tenant,
bc subjccl to reconsideration in the event of [he improvement not
producing or ceasing to produce the esdmaled effect.
13. If il lhinks [hat an immcdiatc incrcase ofrcnl will cause hardship,
the Court may direct that the enhancement shall take effect gradually at
such intervals and by such increments exlending over a period not
cxcecding iivc ycm as thc Court may fix in this behal F.
14. (1) Whcn a tcnanl is admitlcd to thc occupation of any non-
agricultural land, [he rent payable by such tenant in respect of such
land shall not, except on the ground of [he landlord's improvement, be
cnhanccd during [he fifteen years next following the dare on which tho
[enam has bccn so admilled LO I hc occupation of such land.
(2) When the rent OF a [enant has been enhanad by the Coun or in
pursuancc or~hc conditions of a conrract. it shall no1 be furlherenhanccd
during rhc Lirrc.cn ycm ncxt rollowing the date on which ir has been lasl
so enhanced and for the purposcs ol [his scction if an ordct of gradual
The West Bolgal No11 -Agri~~itltrr,nI T~llorrcy Acr, 1 939.
cnhancen~enl of such rent has bccn made by a Courr in accordance with
- the provisions of sec~iqn 13, Lhc full rent fixcd by such order shall hc
deemcd to have conic into cfrcct horn the datc of such order:
Provided that the landlord of such [cnanr may inslitute a suit lor !he
enhilnccmcnt of the rcnl of such tenancy during the said period OT liltcen
years on the ground of any improvemcnl crfcctcd ro he non-agricultural
land comprised in such renancy by, or wholly or panly at thc cxpcnse of,
such landlord during such pcriod.
15. The rent of n Icnanl may be reduccd by the Courl if the Caurl Rcduc~ion
considers rha~ thc rale of rent payable by such tenanr is unfair and OrR'n'.
inequirahlc, and in de~ermining whal rcnt is fair and cquitablc under
this scc~ion the Court shall have regard ro thc provisions of sub-
section (3) of section l I.
CHAPTER I V.
16. The provisions or [his Chapter shall apply to all under-tenanls Applialion
whe\l~er their renanuics wcre creared berclrc or artcr he conlnrcncemcnl orChp'"r.
of this Acr.
17. An under-tenan[ may hc ndmilrcd rothe occupatiun of any non- Tcrrnson
which an agricultural Innd on such terms and conditions consislcnl with the undcr-renml
provisions of this Act a may bc agrccd upon hetween himsclf and his may
landlord. bc adnuncd
ro occupn-
[ionornon-
agriculrunl
Imd.
18. An under-lcnanr shall be liablc to pay such rate of rcnt for the R;lrcof~n[
non-agricul~ural land cvrnpriscd in his renancy as has bccn agreed upon pwhkby
an under-
between himsell and his landlord ar the timc of his admission to ~hc wnMc
occupation or such land:
Prnvidcd rhnt thc ratc of rent payable in rcspccl of rhc non-agricultum1
land comprjscd in any tenancy by an undcr-tcnanl who has been admitted
10 occupauon of such land ilrtcr the conmlencement or lhis Acl shall
no[, except in [he case whcrc such land is held on a fixed renr or free of
rent by [he tenant under whom such under-tenant holds, exceed one
and a half rimcs rhc ralc of rent payable by such tcnnnl in respect or
such land.
TIIC ltksr Berrgal Nmr -Agtvi~*i~1tulal Tetror~cy A cr, 1 949.
[West qcn. Act
Enllanm~i~clll 19, (I) Notwilhstanding anything cnn~aincd in any othcr law for uirr.n~.+, thc time beiflg in forcc or in nily conrract, rhc rcnl of an undcr-1cnan1
shall bc liable to cnhunccmcnl up io a linli~ no1 exceeding one and a
half ~imes the rznt for 1l1c lime bcing payable iu respcct OF the
non-agricul~ural I;lnd comprised in tl~c tenancy of such under-tenant
by thc renant under whanl such under-tcnan~ holds in thc casc
rrrherc such [ennnl does noL hold such land ar a Lxcd rcnl or rrcc
of rcnt, and up 1~1 such limil as [he Courl may, subjccl to such
provisifltis as may he prescribed in this behalf, dlink fair and cquitahle
in or her cascs.
I21 For !hc puiposcs of sub-section (I) thc renl for the time
being payablz in rcspecl of the ion-agricultural land comprised in thc
tcnancy 01 an under-tcnank by the renanr under whom such under-
lcnont holds shall, in the casc ivhcrc sucti undcr-[enant has been
adniittcd IU the occupaiion or unly il purrion or the land curnpriscd in
tlk: tcnancy a1 such tcnanr, be dcrcrmincd in such m:lnnrr as may be
prcscri bed.
Ejccrmcnl 20. No~wiihs~anding anything conrainrd in ilny oihcr law for thc
uf an uudcr-
IC~YII. limc being in Forcc or in any contract, an undcr-icnant shall, subjecr to
the prorrisic~ns of his ACI. bc liable la cjectmcnt on onc nr nlorc of the
r(11lowing gro-~nds, and not utherwisc, nnmcfy:-
(il) on the ground [hat hc has uscd the non-agricul~ural land
compdscd in his tcnancy in u manncr which rcndcrs ir unfit
for usc lor rhc purposes or the lenancy;
(b) an thc ground tbal lie lerin or his Icasc has cxpircd
when he holds rhr non-ngricul~urnl land under a written
Icasc:
Provided that in the case whcrc any non-agriculrural land
is held by an under-icnantwjrhoula leasc in wiring or under
n leasc in writins bul no tcrm is specified in such Ieasc, it
shall hc alsu I;~wTul for his landlord ro ejccr him from such
land after having givcn him six months' no~icc in writing
expiring with the end of a year of ~hc tenancy, and on
payment of such rcasonnblc co~npcnsalion as may bc
agreed upon be~wccn the landlord and the u~lder-[enant. or
in rhe casc where thcy do nor agrec, ns may bc de~ermincd
by rhc Court on the application of rbe landlord or such
undcr-tenrtnr.
Tlre IVcsr Betlgol Nort-Agricrrlirrr-crl Te~inrrcy Acr, 19d9.
1. The interest of an under-tenanl in any non-agricullural land ahcr
incidmlsor
" shall,-- ~cnmcicsof
undcr- (a) in rhe case wberc such under-ienant dies intcsiale in respect
or such intcrcst bc ~ransmiitcd by inhcrirancc in thc samc
manner as his other jmmovable properry:
Ptovidcd th~l in any casc in which undcr thc law or
inherilance ro wliicl~ such under-lcnant is subjecl his orller
propeny goes lo the '[Governmenl], his in~eresi in such land
shall be extinguished; and
(b) subject to the provisions or this Acl, be capable or bcing
rransferrcd and bcqucathcd in thc sarnc rnanncr and 10 thc
snmc cxreni as his olher immovable properly.
22. No~wilhstanding anything contained in any orher law for [he spccid
incidcn~x lime being in force or in any coniracI, in the casc of the tenancy of an o~lcnancics
under-~cnant-
(a) ~hc provisions of scction 10 shall apply: and
(b) where-
(i) the conditior~s referred lo in clauses (I), (21, (3), (4)
or (5) ofscction 7 arc fulfilled, or
(ii) the tenancy is held under a lcasc in writing for a [em
of no1 lass rhan ~welvc ycars spccificd in such Icasc,
lhc undcr-rcnant shall havc all ~hc rights and liabiliries of sl
lcnanr as scl rorh in scclion 7 or scction 8, as [he case may
be, and [he provisions of scctions 6, and 1 1 to 15 shall, and
the provisions of seclions 18, 19 and 20. in so far as rhcy arc
inconsistcnr with the provisions of this sec~ion shall not,
apply.
CHAPTER V.
Provisions as to transfer of non-agricultural land.
23. (1) Evcry rransfer of nan-agriculrural land held by J. non- Munnrroi
agriculrural lcnani or of any portion or share lier re of shall. excepr $"-5Er0r
in rhe case of a bequcsl or a salc in cxccurion of a decree or of a agricuIrumJ
Bcn.Acr 111 ccrtificale signed under the Bengal Public Dcmands Recovery Acl. ::!c:to or 1913. 1913, bc mndc by regisrered inslrurnenr. and a Rcgistcring Officcr imdkrds.
shall nor accepr for rcgistralion any such inslrurnenr unless the sale
'See fool-norc 1 on pagc 176. rrr~ir.
Pmwr oilhe
co-shmr or
rhc i~nnx-
dink land-
lord of
rmsfrmr
10 n~~rrhnrr
[Wcst Ben. Act
pricc or, where ~licrc is no snlc pricc, 111c value of the land or porlion or
share thereof transferred is srnrcd thcrcin, and unless it is accompanied
by-
(a) a noticc giving Lhcparticulars ofthe transfer in the prescribed
form, togelhcr with rhc proccss fce prescrihed fur [he
scrvice hereof on the landlord who is not n pnrly to the
~ransier, and
(b) such notices and process I'ccs as may be rcquircd by
sub-secrion (4).
(2) In [he casc of a bcqucst or such land or portion or share rhcrcor,
no Coun shall gnnr probare or lctrcrs oradn~inisrration un ti1 lhc applicanr
files a nolice similar lo, and dcposiu a proccss Tee or the same amount
as, !ha[ rcfcrrcd ro in clnusc (a) of sub-sccdon (I).
(3) A Courl or Rcvcnuc-officer shall no1 conFinn [he sale of such i
land or ponion or share [hereof pul to saIc in cxecu~ion or a dccrce or a I
ccrdIicate signed under the Bengal Public Demands Recovery Act, 19 13, Dcn. Acr 111 I or 1913: and no Court shall makc a dccrcc or ordcr ahsolu~e fnr foreclosure of n !
mortgage of such land or porlion or sharc thcrcof until thc purchaser
or the mongagee, as [he case may be, files n nolice similar 10 and
deposirs a process fee of [be same amounr as, [ha1 rcfcrrcd lo in
sub-scclion ( I).
(4) If the transfer of n porlion or sharc or such land he onc lo which
the provisions of seclion 24 appIy lhcrc shall hc lilcd noriccs giving
particulars of the lransfer in the prcscrjbcd form togclhcr with process
iccs prcscribed for [he service [hereof on all co-sharer tenanls of such
land who arc not panics ro Ihe mnsrer.
(5) Thc Cour~, Revenue-officer or Registering Officer, as thc
case may be, shall in thc prcscribcd manner scrvc ~hc noriccs for
which lhis section provides and after service of such norice lhe
landlord shall not reruse [o recognise the rransferee as the tenant
in rcspcct of !he land or podion or share thereof transferred nor omit
lo cnlcr rhc namc of rhc rransfcrcc in thc renl-roll of the landlord in
placc of that of the transferor or, where onIy a portion or share or the
inlcrcst or [he rransferor has been transferred, along with rhe name or
Lhe lransrcror.
24. (1) If thc cntirc non-agricullural [and in a non.agricullura1
tenancy is transferred, rhc i~nrnedia~e landlord, or ifa portion or share of
such land is lransferred, the immediate landlord or one or more co-sharer
lcnanrs or such land may, wilhin four months of the service ol noticc
. jssucd undcr sccrion 23, apply lo the Coun for such land or portion or
share lhercol lo be ~ransfcrrcd to himscll or rhemselves, as rhc case
may be:
(a) of borh a co-sharcr lenanl and rhc landlord apply undcr
this section and comply with lhe provisions herein
conraincd he co-sharcr lcnanl shall have rhc prior righl ro
purchase under his scclion;
(b) [he immcdiare landlord of he non-agricul~ural ienanL shall
not havc any right to purchase under his sccuon unlcss thl:
non-agricultural land or the share or porrion rhcreoT so
vansferred is conliguous !o any land in the actual possession
of the landlord and [he Courl is sarisfied that such use by
such landlord for any of the purposcs specified in scclion 4;
and
(c) in the casc of lransfer in cxccution of a decrcc or ccrii ficalc
signcd under ~hc Bcngal Public Dcmands Recovcry Acl,
1913, for arrears of rent due in respcct of such land. rhe
immediate landlord of [he nun-agricultural tenant shall
nor have any righl to purchase undcr rhis secrion.
(2) The applica~ion under sub-sccljon (I) shall bc dis~nisscd unlcss
[lie applicant a1 rhl: time of making it deposiu in Courr the amount of the
considcrariun money or the valuc of the properly or Ihc ponion or share
lhereof wansrcrred as srnrcd in llle noticc scrvcd on the applicant under
scclion 23 togelher with compensation nl the rare of five-per cerrtrrni of
such amounl.
(3) IT such deposit is rnadc. [he Cour~ shall give noticc to he
transferee ro appcar wirhin such period as ir lnay fix and to slale wha~
other sums hc has paid in respect of rcnt Tor the pcriad af~er [he dart: nf
lransfrr or in annulling encumbrances on the propcrry. The Courl shall
[hen dircc~ thc applicanr, including any pcrson whose applicalion
under sub-scc~ion (4) is grantcd, lo deposit within such period as the
Court thinks rcasonablc such a~nount as hc h-ansferee has paid on [his
account together with in~eres~ at \he rarc or six and quarrcr per cerlfrtlti
per rnltrrrllz with effect from the dale on which he lransfercc made such
paymccnts.
(4) (a) When an applicalion has bccn made by one or more co-sharcr
tenants undcr sub-sccuon (1) any of [he remaining co-sharer tenants
including the transferee, if onc of Ihcrn, may within [he period of four
months referrcd ro in the said sub-section or wirhin one month of [he
--.-I? .... ! -- .-. 1.:..1.-.. "+ :- lnF-- **-I,, ,n ;n;- :- 4Ln ,--;,I 9n"l;"qt;n" .,md
The lVcst Bengal No//-rl~ricrrltt~~al Tetrritrcj Acl, 1919.
[West Bcn. Act
any co-sharcr tcnant who lias not npplied undcr sub-secrion (I) or has
'
no1 applied to join under his sub-scc~i~n, sl~nll no1 havc any further
righr lo purcbnsr undcr lhis section.
(b) Such application ro join as a co-appl ican~ shall bc dismissed unless
within such pcriod as thc Caun may fix, rhc applicanr dcposits in Court
for payment to rhc applicant undcr sub-section (1). such sum, as [he
Court shall detcrrninc ns the slwe to bc paid by hin~ for rhc purposes of
sub-scction (2). If such dcposit is madc, thc Court shall $ran1 thc
applica~ion to join and chereaftcr such applicant shall be deenled LO bc
an applicnnl undcr sub-seclion (1).
(5) If the deposiis rcquired under sub-scction (2) or clause (b) or
sub-secrion (4). US tl~c case may bc. and under sub-scction (3) are made,
and, in rhe case whcrc the applicarion is made by [he immclliatc landlord,
he Court is sausficd [hat lhe conditions referred LO in sub-scctinn (I)
have been fulfilled, ~hc Court shall makc an nrder allowing thc npplicarion
and direcling thal the deposits madc undcr sub-sections (2) and (3) shall
be paid to the ~ansferee or ro such pcrsons as the Court rhinks fi~:
Provided that if bath thc immediarc landIord and the co-sharer
icnanl havc applied undcr this scclion and rhc application of [lie
cn-sharer rcnant is allowed undcr this sub-seclion, ~hc applicarion of
~hc in~mediale landlord shall be dismissed.
(6) Nutwithstanding anylhing contained in any olhcr law for the
time being in rarcc, thc Courl shall, if thc applicanr undcr sub-
scclion (1) or any pcrson whose application under sub-section (4)
is granted disputes ~hc correutness of the amount OF r'he consideralion
lnoncy as slated in the nolicc is3ued under scclion 23, inquire into such .
dispurc before ~naking nn ordcr under sub-scclion (5) and aim giving
rhc transferee an opportunity af being hcard dc~erExcerpt shown. Open the full act in Lexace.