Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything to the contrary in any other Act or law,, no order or decree for the recovery of possession of any premises shall be made by any court in favour of the landlord against a tenant, including a tenant whose lease has expired: Provided that nothing in the sub-section shall apply to any suit for decree for such recovery of possession,— (a) against a tenant who has transferred his tenancy right in whole or in part with possession other- wise than by sub-lease; (b) against such transferee; (c) against a tenant who has sub-let the whole or a major portion of the premises for more than seven consecutive months: Provided that if a tenant who has sub-let major portion of the premises agree to possess as a tenant the portion of the premises not sub-let on payment of rent fixed by the Court, the Court shall pass a decree for ejectment from only a portion of the premises sub-let and fix proportionately fair rent for the portion kept in possession of such tenant, Landlord not to claim rent at a rate different from that. at which it is being paid except in certain cases. Protection of a tenant against eviction. 8 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act (Chapter 111.—Suits and proceedings for eviction.— Section 12.) which portion shall thenceforth constitute premises under clause (8) of section 2 and the rent so fixed shall be deemed standard rent fixed under section 9, and the rights and obligations of the sub-tenants of the portion from which the tenant is ejected shall be the same as of sub-tenants under the provision of section 13; (d) where the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, iv of-Ii:82. 1882; (e) where the tenant has been using the premises or any part, or allowing the premises or any part to be used for immoral or illegal purposes; (f) where the condition of the premises has materially deteriorated owing to acts of waste by, or negli- gence or default of, the tenant, or of any person residing with the tenant, or for whose behaviour the tenant is responsible; (g) where the tenant has been guilty of_conduct which is a nuisance or annoyance to occitpj,ers oft s d- joining or neighbouring premises,ludin he landlord; (h) where the premises are reasonably required by the landlord either for purposes of building or re- building, or for his own occupation or for the occupation of any person for whose benefit the premises are held.: provided that all sub-tenants in-the premises are made parties to the suit, and allowed opportunity of contesting claim to decree for ejectment. Explanation.—The Court in determining the reason- ableness of requirement for purposes of building or re-building shall have:lregard to the compara- tive public benefit or disadvan.tage by extending or diminishing accommodation, and in determin- ing the reasonableness of requirement for occupa- tion. shall have regard to the comparative advantage or disadvantage of the landlord or the person for whose benefit the premises are held and of the tenant: Provided that where the Court thinks that the reasonable requirement of such occupation may be substan- tially satisfied by evicting the tenant from a part only of the premises and allowing the tenant to continue occupation of the rest and the tenant agrees to such occupation, the Court shall pass a decree accordingly, and fix a proportionately fair rent for the portion in. occupation of the tenant, which portion shall henceforth constitute the premises within clause (8) of section 2, and the rent fixed shall be deemed to be the standard rent fixed under section 9; The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. XVII of 1950.] (Chapter Ill.—Suits and proceedings for eviction.— Section 13.) subject to the provisions of section 14, where the. amount of two months' rent legally payable by the tenant and due from him is in arrears by not having been paid within the time fixed by con- tract, or in the absence of such contract by the fifteenth day of the month next following that for which the rent is payable or by not having been validly deposited in accordance with section