Bare ActsThe west bengal non agricultural tenancy act, 1949

Section 8

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

(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 u n h 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 h s other ialnlovable properly: 'This wordwi~hin rhc squmbnckers wm suhs~i~u~ed lorhe word"CmwnW by pan. 4( 1 ) of he Adaprarion o i h w s 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 ~ h c 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.

Section 8 – The west bengal non agricultural tenancy act, 1949 | DailyLaw.ai