Section 10 in The West Bengal Premises Tenancy Act, 1997
10. When a tenant is entitled to restoration and compensation.
(1)Where the landlord obtains delivery of possession of any premises from the tenant in pursuance of a decree obtained under clause (c) or clause (d) of sub-section (1) of section 6 and the building or rebuilding or addition or alteration is not commenced or the premises is not occupied by the landlord or any person for whose benefit the premises is held, as the case may be, within six months of the date of vacation of the premises by such tenant, or the premises having been so occupied by the landlord or any person for whose benefit the premises is held, is re-let within five years of the date of such occupation to any person other than such tenant without the permission of the Controller obtained in the prescribed manner, the Controller may, on the application of such tenant made within nine months of his vacating the premises or, where the premises has been re-let within five years, within twelve months of such re-letting and, after giving the landlord an opportunity of being heard, by order direct the landlord to put such tenant in possession of the premises, if not re-let, within fourteen days of the date of the order or to pay him such compensation as may be deemed adequate by the Controller in case the premises has been re-let.(2)If upon an order under sub-section (1), -(a)the landlord fails or neglects to deliver possession of the premises to the tenant within the time specified, then, the Controller shall execute the order and put the tenant in possession of the premises and, in that event, the tenant shall be liable to pay fair rent in respect of the premises from the date of taking delivery of such possession;(b)the tenant fails or neglects to take possession of the premises, then, the order made by the Controller under sub-section (1) shall stand vacated and the tenant shall be liable to pay the landlord by way of compensation a sum equivalent to the fair rent of the premises calculated from the date of his application under sub-section (1) up to the date on which the tenant should have taken delivery of possession and such costs of the proceedings as may be assessed by the Controller, and the Controller shall make an order accordingly.(3)Without prejudice to the provisions of sub-section (1), where the landlord obtaining delivery of possession of any premises from the tenant in pursuance of a decree made on the ground mentioned in clause (a) of sub-section (1) of section 6 was, at the time of obtaining such delivery of possession, in occupation of some other premises as owner thereof, he shall not, within five years from the date of his obtaining such delivery of possession, let such other premises to any person other than the tenant from whom such delivery of possession had been obtained, except with the permission of the Controller obtained in the prescribed manner and, in case the landlord lets such other premises to any person other than such tenant in contravention of the provisions of this sub-section, the Controller may, on the application of such tenant made within six months of such letting and after giving the landlord an opportunity of being heard, by order, direct the landlord to pay to such tenant such compensation as may be deemed adequate by the Controller in the circumstances of the case.
