Bare ActsThe Calcutta Thika Tenancy Act, 1949

Section 10

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything to the contrary contained in any contract, on the determination of the interest of a thika tenant in the land comprised in a holding as a result of ejectment from the holding of, or of surrender or abandonment of the holding by, the thika tenant, or otherwise, any structure erected by the thika tenant on such land and existing on the date of such determination shall vest in the landlord. (2) When any structure erected in any holding by a thika tenant vests in the landlord under sub-section (1) other- wise than as a result of ejectment of the thika tenant from the holding on any of the grounds specified in clause (iv) of section 3, any Bharatia in possession of such structure shall be entitled to continue in such possession and shall be deemed to be a tenant within the meaning of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, holding under the landlord on the terms and conditions on which such Bharatia had been holding immediately before such structures vested in the landlord : Provided that nothing in this sub-section shall prevent either the landlord or such Bharatia so deemed to be a tenant holding under the landlord, from proceeding under the West Bengal Premises Rent Control (Temporary Pro- visions) Act, 1948, for fixing the standard rent payable in respect of such structure. Conse- quences of the deter- mination of in- terests of thika tenants in certain eases. Devolu- tion or transfer of holding of a thika tenant. 6 The Calcutta Thika Tenancy Act, 1949. (West Ben. Act (Chapter II—Incidents of thika tenancies.—Chapter Provisions as to rent of thika tenancies.—Sections 11-15.)

Section 10 – The Calcutta Thika Tenancy Act, 1949 | DailyLaw.ai