Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything to the contrary contained in any Protection of other law for the time being in force or in any contract, no order or decree tenant against for the recovery of the possession of any premises shall be made by the eviction. Controller in favour of the landlord against the tenant, except on an application made to him by the landlord in the prescribed manner on one or more of the following grounds:— (a) where the tenant has sublet, assigned or otherwise parted with the possession of whole or any part of the premises without obtaining the consent in writing of the landlord or the tenant has used the premises for a purpose other than that for which it was let out without obtaining the consent in writing of the landlord; where the tenant has made default in payment of rent for three months within a period of twelve months, or for three rental periods within a period of three years where the rent is not payable monthly; (c) where the premises is required by the landlord for the purpose of building or rebuilding or for making substantial addition or alteration thereto and such building or rebuilding or substantial addition or alteration cannot be carried out without the premises being vacated; (d) where the premises is required by the landlord for his own occupation if he is the owner or for the occupation of any person for whose benefit the premises is held and the landlord or such person is not in possession of any suitable accommodation within the same Municipal Corporation or Municipality or within ten kilometres from such premises in any other area where this Act extends; (e) where the tenant has given notice to quit but has failed to deliver vacant possession of the premises to the landlord in accordance with such notice; (b) 329 The West Bengal Premises Tenancy Act, 1997. [West Ben. Act (Chapter M.—Control of eviction of tenants.—Section 6.) (f) where the tenant or any person residing in the premises let out to the tenant has done any act contrary to the provisons of clause (m), clause (n) or clause (o) of section 108 of the Transfer 4 of 1882. of Property Act, 1882; (g) where the tenant has been using the premises or any part thereof or allowing the premises or any part thereof to be used for immoral or illegal purpose; (h) where the tenant is guilty of any act of waste or of any negligence or default resulting in material deterioration of the condition of the premises; (i) where the tenant or any person residing in the premises let out to the tenant has been guilty of conduct which is a nuisance or causes annoyance to the neighbours including the landlord; (j) where the tenant has acquired or constructed, or has been allotted, a house or flat, provided a moratarium for one year is allowed for vacating the premises; (k) where the landlord is a member of the Armed Forces of the Union of India and requires it for occupation of his family and produces a certificate of the prescribed authority referred to in section 7 of the Indian Soldiers (Litigation) Act, 1925, that he is 4 of 1925. serving under special conditions within the meaning of section 3 of that Act or is posted in a non-family area; (1) where the tenant, or his spouse, or son, or daughter, or parent, or the widow of his predeceased son, who is dependent on him, does not reside in the premises for the most part of a year and keeps the premises under lock and key. (2) Where a landlord has acquired his interest in the premises by transfer, no proceeding for the recovery of possession of the premises on the ground of requirement for building or rebuilding or addition or alteration or requirement for own occupation shall be instituted by the landlord before the expiration of a period of one year from the date of acquisition of such interest. (3) Where the landlord requires the premises on the ground of building or rebuilding or addition or alteration or for his own occupation and the Controller is of the opinion that such requirement may be substantially satisfied by ejecting the tenant or a sub-ten.ant from a part of the premises and allowing the tenant or the sub-tenant to continue in occupation of the rest of the premises, then, if the tenant or the sub-tenant agrees to such occupation, the Controller shall pass a decree accordingly and fix the proportionate rent for the portion remaining in the occupation of the tenant 330 The West Bengal Premises Tenancy Act, 1997. XXXVII of 1997.] (Chapter 111.—Control of eviction of tenants.—Section 7.) West Ben. Act XII of