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[Cites 0, Cited by 31] [Section 13] [Entire Act]

State of West Bengal - Subsection

Section 13(4) in The West Bengal Premises Tenancy Act, 1956.

(4)Where the landlord requires the premises on any of the grounds mentioned [in clause (f) or clause (ff)] [Words, letters and brackets substituted for the words, letter and brackets 'in clause (f)' by W.B. Act 34 of 1969.] of sub-section (1), and the Court is of opinion that such requirement may be substantially satisfied by ejecting the tenant or a sub-tenant from a part only of the premises and allowing the tenant or the sub-tenant to continue in occupation of the rest, then, if the tenant or a sub-tenant agrees to such occupation, the Court 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 purposes of this Act. If the tenant does not agree but a sub-tenant agrees to such occupation, no decree or order for ejectment shall be passed against such sub-tenant and such sub-tenant shall become, with effect from the date of the decree or order, a tenant directly holding under the landlord.