Section 9 in The West Bengal Non-Agricultural Tenancy Act, 1949
9. Incidents of non-agricultural tenancies held for less than twelve years. -
(1)Notwithstanding anything contained in any other law for the time being in force or in any contract, if any non-agricultural land has been held for a term of more than one year but less than twelve years-(a)under a lease in writing for a term of more than one year but less than twelve years to which the provisions of clause (5) of section 7 do not apply, or(b)without a lease in writing, or(c)under a lease in writing but no term is specified in such lease,then the tenant holding such non-agricultural land shall be liable to ejectment on one or more of the following grounds and not otherwise, namely :-(i)on the ground that he has used such land in a manner which renders it unfit for use for the purposes of the tenancy;(ii)on the ground that the term of the lease has expired in the case of tenancies of the class specified in clause (a);(iii)on the ground that the tenancy has been terminated by the landlord by six months notice in writing expiring with the end of a year of the tenancy served on the tenant in the prescribed manner in the case of tenancies of the class specified in clause (b):Provided that a tenant shall not be liable to ejectment on the ground specified in clause (iii) except on payment of such reasonable compensation as may be agreed upon between the landlord and the tenant or if they do not agree, as may be determined by the Court on the application of the landlord or such tenant.(2)The interest of the tenant in any non-agricultural land to which the provisions of sub-section (1) apply shall,-(i)in the case where such tenant dies intestate in respect of such interest be transmitted by inheritance in the same manner as his other immovable property:Provided that in any case in which under the law of inheritance to which such tenant is subject his other property goes to the [Government] [Word substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], his interest in such land shall be extinguished; and(ii)subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.
