Bare ActsThe Calcutta Thika Tenancy Act, 1949

Section 5

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(1) Notwithstanding anything contained in any other law for the time being in force but subject to the provisions of section 28, a landlord wishing to eject a thika tenant on one or more of the grounds specified in section 3 shall apply in the prescribed manner to the Controller for an order in that behalf and, on receipt of such application, the Controller shall, after giving the thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order, and, if he allows the application, shall make an order directing the thik,a tenant to vacate the holding and, subject to the provisions of section 10, to put the landlord in possession thereof. (v) Notice before ejectment.- Proceed- ings for ejectment. Restora- tion of possession where landlord does not use the land for the purpose for which the thika tenant was ejected. r I Stay of ejectment for arrears of rent if the amount of arrears and dama- ges are deposited with the 'Controller. 4' The Calcutta Thika Tenancy Act, 194.9. [West Ben. Act (Chapter 11—Incidents of thi-ka tenancies.—Sections 6-9.) (2) No order allowing an application under sub-section (1) shall be made in a case where compensation is payable under clause (ii) of the proviso to section 4 unless and until the amount of compensation so payable has been either paid to the thika tenant or deposited with the Controller.

Section 5 – The Calcutta Thika Tenancy Act, 1949 | DailyLaw.ai