Section 6(3) in The West Bengal Premises Tenancy Act, 1997
(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 Civil Judge] [Words substituted for the words 'the Controller' by W.B. Act 6 of 2005.] is of the opinion that such requirement may be substantially satisfied by ejecting the tenant or a sub-tenant 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 Civil Judge] [Words substituted for the words 'the Controller' by W.B. Act 6 of 2005.] shall pass a decree accordingly and fix the proportionate rent for the portion remaining in the occupation of the tenant or the sub-tenant. The rent so fixed shall be deemed to be the fair rent for the purposes of this Act. If the tenant does not agree, but the sub-tenant agrees, to such occupation, no decree or order for ejectment shall be passed against the sub-tenant who shall become, with effect from the date of the decree or order, a tenant directly holding under the landlord.
