Amendment status not verified — confirm the current text below against the official source.
(1), Notwithstanding anything contained in this Ad'or in any other law for the time being in force, if a tenant inferior to the tenant of the first degree sub-lets in whole or in part the premises let to him except with the consent of the landlord' and of the tenant of a superior degree above him, such sub-lease shall not be binding on such non- consenting landlord, or on such non-consenting tenant. Explanation.—In this sub-section-- (a) "a tenant of the first degree" means a tenant who does not hold under any other tenant; (b) "a tenant inferior to the tenant of the first degree" means a tenant holding immediately or mediately under a tenant of the first degree; (c) "landlord" means the landlord of a tenant of the first degree. (2) Where any premises or any part thereof have been or has been sub-let by "a tenant of the first degree" or by "a tenant inferior to a tenant of the first degree", as defined in explanation to sub-section (1), and the sub-lease is bind- ing on the landlord of such last mentioned tenant, if the tenancy of such tenant in either case is lawfully determined otherwise than by virtue of a decree in a suit obtained by the landlord by reason of any of the grounds specified in clause (h) of the proviso to sub-section (1) of section 12, the sub-lessee shall be deemed to be a tenant in respect of such premises or part, as the case may be, holding directly under the landlord of the tenant whose tenancy has been determined, on terms and conditions on which the sub-lessee would have held under the tenant if the tenancy of the latter had not been so determined : Provided that it shall be competent for the landlord, or any person deemed under this section to be a tenant holding (i) Sub-lease not to be binding in. certain cases. When a tenant can get the benefit of protection against eviction. 10 The West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. [West Ben. Act (Chapter 111.—Suits and proceedings for eviction.— Section 14.) directly under the landlord, to make an application to the Controller for fixing rent of the premises or part thereof: in respect of which such person is so deemed to be a tenant and until the rent is fixed by the Controller on such applica- tion such person shall be liable to pay to the landlord the same rent as was payable by him in respect of the premises or part thereof, as the case may be, to the tenant before the tenancy of the tenant therein had been determined. The Controller in fixing the rent shall not determine such rent at the rate which is beyond the limit fixed by paragraph (4) of Schedule A. The rent so fixed shall be deemed to be the standard rent fixed under section 9.