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State of West Bengal - Section

Section 12 in West Bengal Thika Tenancy (Acquisition and Regulation) Rules, 2004

12. Appointment under sub-section (7) of section 7.

—Where there are more than one landlord in respect of a thika tenancy vested under section 4, the amount payable to them under sub-section (1) of section 7 or annuity payable to them under sub-section (2) of section 7 shall be apportioned among them by the Controller in the following manner :
(a)where the landlords agree in writing as to their respective shares, the Controller shall apportion the amount among them according to such agreed share;
(b)where the landlords do not agree in writing as to their respective shares, the Controller shall, having regard to the documents, affidavits and other evidence, if any, produced before him, make such apportionment as will appear to him to be reasonable;
(c)where the Controller fails to make any apportionment under clause (b), he shall withhold the apportionment until the dispute as regards the shares of the landlord is decided by a court having jurisdiction.