Section 16 in West Bengal Thika Tenancy (Acquisition and Regulation) Rules, 2004
16. Continuation of tenancies of Bharatias under a thika tenant and the manner of making application under sub-section (2) of section 10 and other matters incidental thereto under sub-sections (3), (4) and (5) of section 10.
(1) If a thika tenant fails to restitute a Bharatia in similar accommodation in the reconstructed structure as provided in sub-section (2) of section 10, or if a dispute of similar nature exists between thika tenant and a Bharatia, the Bharatia may make an application stating the material facts, events and information with supporting documents in Form B, with as many copies as there are parties on whom notices are to be served.(2)On receiving such application, the Controller shall dispose of the matter in accordance with the provisions of sub-sections (3), (4) and (5) of section 10 after taking into account the provisions laid down in Chapter V of the West Bengal Premises Tenancy Act, 1997 (West Bengal Act No. 37 of 1997) as subsequently amended and the rules framed thereunder.(3)Any order of the Controller under sub-rule (2) shall be deemed to be an order within the meaning of clause (t) of section 11 and shall, without prejudice to the provisions of rule 27, be executed accordingly.
