Amendment status not verified — confirm the current text below against the official source.
( 1 ) Wherc h c landlord obtains dclivery of possession of any lcnwi I5 premises from ~ h c tenant in pursuance of n dccrce obtained '[under enlillrd lo KsIonliOn clause (f) or cIausc (ff)] of sub-scction (1) of section 13 and the building and or rebuilding or additions and alterations are no1 commenced or ~ h c cornpcnsa- [ion, premiscs are not accupicd by the landlord or any person for .whose benefit Ihc prcrnises are heId, as thc case may bc, within six months of rhe dale of vacation of the premiscs by such Len*, or [he premises hving bccn so occupied by rhe landrord or any person for whose benefit he prcmises arc held ?[are re-let widin '(ten years)) of Ihc date of such occupation to any person other than such tenant without thc permission of the Controller obtaincd in the prescri bcd manner, the Con~ollcr may, on the applicn~ion of such lenant made wihihin nine monlhs of Ids vacaung the premiscsJ[or f i e r e rhc prcrnises have becn re-le~ wirhin "ten ycars). wilhin thec monfis of such rc-Ic~ling] and aftcr giving the landlord an opporlunily of bcing heard, by ordcr direct the landlord to put such [enant in possession of the premises, il no! re-Iet. wirllin Eourtecn days of the date of thc order, or LO pny him such compensation as may be deemed adcqurrte by thc Conlroller in case the prerniscs have been re- let. (2) If upon an order being madc under sub-scc~ion (1)- (a) he landlord fails or neglecls to deliver posscssion of [he prcmises to h e tenant wihin the rime specified, then the Con~ollcr shall exccut the order and put the tenant in posscssion of the premises and in tha~ cveat the tenant shall be liablc lo pay fair rent in rcspecl of Ihc prcrnises from the dalc of delivery of such possession; 'The words. kttcrs md bnckcls within thc squvc bnckcts were subsu~u~cd Br lht word. feller and bnckets "under ctnusc (f)" by s. 6(1) of dhc West Bengd Prcmiscs Tenancy (Scmnd Amendrncn!) Acf, 1969 (Wcsi Bcn. Act M X I V of 1969). 'Thc wards wilhin lhe squm bnckcu werc subs~irurcd rotthe words "m rc-lcl within 5 1 ~ months" by 5. 6(2), ibid. T h e words within the T I b m k ~ s wcrc subsututcd Tor Ihe words "lwo ycars" by s. 511) nl thc IVesl Bcngal Prerniscs Tcnwcy (Arnendmcnr) Act, 1970 (West Bcn. Acr XVlIl of 1970). 'The words within the squarc bnckc~ wcrt insfncd by s. 6(3) of h c Wesl Bengd Premises Terwncy (Second Amcndn~n~) Act. 1969 (Wcsi Ben. Acr XXXlV of t 969). Tire West Berigal Pren~ises Tctrotlcy Acr, 1956. {Chnprrr ill.-Sriirs atrd proceedirrgs for evic~iorr.Sectio~~ 18A.) (b) thc tenant fails or neglecls to lakc possession of the premiscs, then [he ordcr made by tllc Controller under sub-scclion (1) shall sund vacaled and the lenant shall hc liablc ro pay [he landlord by way of cornpensadon a sum equivalent lo h c . fair renl of the prcmiscs calculated from lhc darc of his application undcr sub-secuon (1 ) up to thc dnlc on which Ihe man1 should have rakcn posscssion, and sucl~ casb or Ihc proceedings as may be assessed by rhe Controller and Coniroller shall makc an ordcr accordingly. '(3) Withour prejudice lo lhe provisions of subsection ( l), where thc landlord obraining delivery of posscssion oi any prenlises from h c tenant in pursuance or a dccrcc made on the ground rncntioned in clause (ff) of sub-sccrion ( I ) of sec~ion 13 was, at thc lime of obtaining such delivery of posscssion, in occupalion of some othcr prcmises as owncr thercof, hc shall not, wilhin [en years irom lhc dalc of his obtaining such dclivcry of possession, lel such ohcr prcmises lo any person othcr rhan [he lenant from whom such dcIivery of possession had bccn obtained, excepi with thc pcrmissian of (tic Con~roller obraincd in thc prescribed mrrnncr; and in c s c the landlord lets such othcr prcmiscs lo any perSon olher lhan such tenant in uontravcntion of [he provisions of rhis sub- section, [hc Controller may, on the application or such tenam made within three months OF such letting and a k r giving [he landlord an opportunity of bcing hcard, by ordcr, direct the landlord to pay 10 such renanl such compensauon as rnG be deemed adcquarc by the Controller in all circumstances of [he case. ?18A. (I) Wherc ~ h c Courl p ~ s s c s a decree for recovcry of possessjon of any premises on the ground mcntioncd in clause (fj of suh-secrion (1) of scction 13, it shall specify the period within which Ihc building or re-building, or thc additions or alterations, on or to such premises shall be complctcd and may on thc application of h e landlord extend such pcriod rroni umc to rime for guod and suificien~ rcuons. (2) On ~hecornple~ion o f ~ h c building or re-building, or h e addilions or id ten~ions. on or ro such prcmiscs h c ConuoIler may, on the application of lhc tcnant who has bcen ejected from such premises madc within lhree months of the date of such complelion and a r m giving [he landlord an opporluniiy orbcing heard, by ordcr direc~ h e landlord to put such rcnanl in possession of such premises or such put thcrcof as thc Controller may spccify in his order within [ourteen days of ~ h c dale of h e order. 'Sub-section (3) was inserted by s. 5(2) of thc \Val Bcngd Prcmises ~cnancy (ArncndulcnL) Acl, 1970 C\i'cs~ Bcn. ACI XVIII of 1970). Resronlion of rcnmcy where decrcc lor rccovery oiposscj- sion is pased under clause (0 of sub- scc~ion (1) of scclion 13. 'Scction 18X was inscned by s. 7 of thc Wcsr Bcngal Prcrniscs Tcnancy (Second Ancnd~nen!) Acr. 1969 (\Vest Bcn. ACI XXXIV of 1969). Provisions rc~arding noticc or giving up posscss~on by tcnanls under cunlnctr. S~c,ial prov~sioos reg,xding junsdiclion or Cour~s lor m i l of suirs for ~ Z S & L 1 0 1 1 . T f ~ e West Bellgal Prerriises Tettat~c,~ Acr, 1956. [West Ben. Act (Clznpter Ill.--Slrirs alzd proceerlirigs for evictio/~.-Sections 19, 20. -Cl~apter IV-Deposir of wrr~.--S~ctior~ 21.) (3) If upon an order being madc undcr sub-section (Z), [he landlord fails or neglccts 10 delivcr posscssion of such premises or such part thereof as is spccificd in ~ b c ordcr to thc tenant within the time specified, then d ~ e Conuollcr shall cxecurc thc ordcr and put the tenanl in possession of such premises or sucl~ par[ rhcrcof and in lhat event the tenant shall be Iiablc to pay Fair renr in respect of such prcmiscs or such part thereof from thc dalc of dclivcry of such possession.