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State of West Bengal - Section

Section 34 in The West Bengal Non-Agricultural Tenancy Act, 1949

34. Suits. -

(1)Any person who is aggrieved by any entry in or omission from a settlement rent-roll confirmed under section 32 may institute a suit in the Civil Court which would have jurisdiction to entertain a suit for the possession of the land to which the entry relates or in respect of which the omission was made.
(2)Such suit shall be instituted within six months from the date of confirmation of the settlement rent-roll or from the date of the certificate of final publication of the record-of-rights, whichever is later, or, if an appeal has been presented under section 33, within three months from the date of the disposal of such appeal.
(3)Such suit may be instituted on any of the following grounds and on no other ground, namely :-
(a)that the land is not liable to the payment of rent;
(b)that the land although entered in the record-of-rights as being held rent-free is liable to the payment of rent;
(c)that the relation of landlord and tenant does not exist;
(d)that in the record-of-rights the land has been wrongly recorded as part of a particular estate or tenancy or wrongly omitted from the lands of any estate or tenancy;
(e)that in the record-of-rights there has been any omission of an undertenant or such under-tenant has been wrongly recorded as holding the land rent-free ;
(f)that in the record-of-rights the special conditions and incidents of the tenancy have not been recorded or have been wrongly recorded;
(g)that in the record-of-rights any right of way or other easement attached to the land has not been recorded or has been wrongly recorded;
(h)that the land has been wrongly recorded in the settlement rent-roll as non-agricultural land; and
(i)that there has been an omission to estimate fair and equitable rents in respect of any land under this Act.
(4)When a Civil Court has passed final orders or a decree under this section it shall notify the same to the Collector,