Amendment status not verified — confirm the current text below against the official source.
(1) Nolrvilhstanding anything lo h e conlrary in any olher law, Protection of rcnanr no order or decree for the recovery of possession of any premiscs shall be made by any Court in favour of h e landlord against a [enan[ excepl cvicdon. on one or more of the following grounds, namely:- (a) where [he tenam or any persoit residing in [he premises let to h e [enant without the previous consent in wiling of the landlord ~ransfers, assigns or sub-le\s in whole or in part the premiscs held by him; (b) where [he lcnanl or any pcrson raiding in ~ h c prcmiscs lct 10 [he tenant has donc any acr contrary to ihc provisions of clause (m), clause (0) or clause (p) of sec~on I08 of he Transfer of Properly Acl, 1882; (c) where [he tenant has been using h e premises or any pan thereof or allowing the premises or any part thereof 10 be used for immoral or illegal purposes;- (d) wherc thc m a n 1 or any person residing in [he premises lel to Ihc tcnant is guilty of any act of wasle or of any negligence or dcfaul~ rcsulring in materia1 delcrioration of the condition of thc premiscs; (e) where he ienanr or any person residing in [he prcmises Iet to h e tenant has becn guilly of conduct which is a nuisancc or annoyance to neighbours including Ihc landlord; '(I) subjcct to the provisions of sub-sccrion (3A) and seclion 18A, where the premises are resonably requircd by thc landlord for purposes of building or re-building or for making thercio substmlial additions or alterations, and such building or rc-building, or additions or allentions, cannol be carried out wihoul he prcmiscs being vacated; '(if) ,subjecl to [he, provisions of sub-scction (3A), whcre Ihc premises are reasonably required by h e landlord For his own occupation iF'he is rhc owner or for [he occupalion of any person' for whose beneli~ h e premises are heId and h e landlord or such person is no! in possession of any reasonably suirable accommodalion; (g) where die premises wcrc Icr io [he tenant lor use as residence by reason of his being in thc scrvice or employmcnt of the landlord and h e tenant has ceased bcforc or altcr coming into operation of hihis Act ro bc in such service or employmenl; 'Clause (0 and (A) were subsututcd for original clause (0 by s. 4( 1) ot the Wut Btngd Prcmiscs Tenancy (Second Arnendmcn~) Acr, 1969 (.Wcsl Ben. Act XXXlV of 1969). The West Bengul Ptenrises Tenatley Ac I, 1956. [West Ben. Act (Cliaprer Ill.--Siiirs nrid pmceeditrgs for evictioa. -4ectioa 13.1 (h) where premises let out for rcsidcnljnl purpose havc been used for any other purpose for morc than four monrhs without the consent in writing of the landlord; (i) where the tenant has made a dcfault in Lhc paymcnr of rcni for two monlhs wilhin a period of twelve monlhs or for two successive periods in c m s where rent is not payable monthly; u) wherc rhe tenant has given notice to quii, but has failed to dclivcr vacant possession of h e premises ID the landlord in accordance with such notice; (k) whcre subsequenr to h e creati~n of Ihe tenancy, the renanr having agreed in writing with the landlord lo dclivcr vacant possession of the premises to he landlord has failcd to do so; '(1) whcre he landlord is a member of the Armed Forces of the Union of India and requires it for the occupauon of his family and produces a certificate of the prescribed aulhoriry referred to in scction 7 of lhe Indian Soldiers (Litigation) Act, 1925, r h a ~ hc is scrving undcr special condilions within the meaning of sccuon 3 of b a t Act or is posted in a non- family arca. Exp1arrario11.-For he purpose of his clausc- (1) he certificate of the prescribcd authority shall be conclusive evidence that the landlord is serving under spccial condi~ions or is posted in a non-family area, (2) "family" means paren& and such relations of h e landlord ns ordinarily reside with him and are dcpcndant on him. (2) The sub-tenants, if any, referred ta in scction 16 who havc given notice of [heir sub-tenancies 10 the Iandlord undcr the provisions of that section shall be made parlies to any suit or procccding Tor the recovery . 01 possessjpn of the prerniscs by tho landlord: Provided hat except in cases covered by clause (0 or clause (g) of sub-secuon (I), no decree or order Ior ejeclment shall be passed against any such sub-tenant unless any of [he grounds mcntioncd in cIauscs (b) to (e) and (h) apply to him. (3) SPVC provided in sub-secdon (2) and sub-section (4), a decree or order for [he delivery of posscssion of any premises shall be binding on every sub-tenant. 'Clause (I) was inseded by s. 2 of the West Bcngal Frenuscs Tcnancy (Arnendmenr) Art 197q fWrrr Rpn A r l YXlV nT 19151 The West Bengal Prenrises Te~ancy Act, 1956. (Cl~opter III.-Suit attd proceedir~gs for eviction.--Section 13.) '(3A) Wherc a landlord has acquircd his interes~ in the premises by ; ~ransier, no suit for the recovery of possession of the prcmises on any of [he grounds mentioned in clause (0 or clausc (ff) of sub-section (1) shall be inslituted by thc landlord bcforc the expirarion or a period of three ycars from the date of his acquisition of such inlerest: Providcd [hat a suit lor the recovery of h e possession of h e premises may be instituted on the ground mentioned in clause (f).of sub-scction (I) before rhe expiration of the said period of lhrec ycars iF the Controller, on the application of Ihc landlord and after giving the tenant an opponunily of being hcard, permits, by order, h e inslitution of [he suir on [he ground that the building or re-building, or rhe addiuons or alterations, as h e casc may be. are necessary to make \he premises safe for human habitation. (4) Where he landlord rcquircs the premises on any of the grounds mentioned '[in clausc (0 or clause (ff)] of subsection (I), and [he Courl is of apinion that such requirement may be substantialIy satisfied by cjecting the tcnant or a sub-tenant From a part onIy of he premises and allowing he rcnant or h e sub-tenant 10 continue in occupauon of thc rcst, Ihen, if the tenant or a sub-tcnant agrees to such occupation, the Court shall pass a decrec accordingly and fix h e proportionale rcnt for the porlion remaining in the occupation of the lenanl or h e sub-tenant. The renl so fixed shall k deemed lo bc thc fair renL for purposes of Lhrs Act. If h e lenant does not agree but asub-tenant agrees to such occupalion, no decree or order for ejeclmcn~ shaII be passed against such sub-tenant and such sub-tenam shall become, wilh effecl from hc date of the dccree or order, a tenanr dircctly holding under Ihc landlord. (5) Where under sub-section (2) a decree or order for cjectrnent is passed against a tenant bul not against a sub-tenant, the sub-tenant shall become, with effecr from !he date of the decree againsr h e tenant, a tenant direclly holding under the landlord in respect of the premises in his occupadon and hc shall pay such rent as may be fixed by rhc Court. The rent so fixed shall bc deemed lo be the fair rent for purposes of h i s Act. (6) Notwilhstanding anything in any olher law for the time being in forcc, no suit or pracecding for h e recovcry of possession of any premises on any of thc grounds menuoned in subsection (1) except the - . 'Sub-sec~ion (3A) w z immd by s. 312) orhc West Bengal Premises Tenancy (Second Arncndrnen~) Act. 1969 (Wcst Em. Acr XXXIV OF 1969). Tk words, le~ttn and h k e & within the squm bmkets were substituted for Ihc words, lcuer and bnckcts "in clause (n" by s. 33)- ibid, Kcs!riciio~~ on sub- Ir~iing. Tcnanl,not 10 rccclvc any sum or considem- lion for ~linquish- iilcnr or rcnancy. Crcarion and tcnuination uf sub- te~iancics lo k notified. Tile West Bengal Pre~~lises Tenatrcy Act, 1956. [West Ben. Act (Cf~uprer III.-S~rits orrd proceedit~gs for evicrio11.-Sectiolzs 14-16.] grounds mcntioncd in clauses Q) and (k) of that sub-section shall be filcd by rhc Iandlord unless he has given to the lenant one monlh's nolicc cxpjring wilh a monlh of he tenancy.