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State of West Bengal - Section

Section 10 in Calcutta Thika Tenancy Act 1949

10. Consequences of the determination of interests of thika tenants in certain cases.

—(1) Notwithstanding anything to the contrary contained in any contract, on the determination of the interest of a thika tenant in the land comprised in a holding as a result of ejectment from the holding of, or of surrender or abandonment of the holding by, the thika tenant, or otherwise, any structure [standing upon] [Subsection by West Bengal Act No. 6 of 1953] such land and existing on the date of such determination shall vest in the landlord.
(2)When any structure [standing on any holding of a thika tenant] [Subsection by West Bengal Act No. 6 of 1953.] vests in the landlord under sub-section (1) otherwise than as a result of ejectment of the thika tenant from the holding on [the ground specified in clause (ii) of sub-section (1)] [Subsection by West Bengal Act No. 39 of 1969.] of section 3, [any Bharatia in possession of such structure or any part thereof, shall without any application being made] be entitled to continue in such possession and shall be [deemed to be a tenant in respect of such structure or part thereof, as the case may be,] [Subsection by West Bengal Act VI OF 1953] within the meaning of the [West Bengal Premises Tenancy Act, 1956 (West Bengal Act No. 12 of 1956)] [Substituted by West Bengal XXIX of 1969], holding under the landlord on the terms and conditions on which such Bharatia had been holding immediately before [such structure] [Subsection by West Bengal Act No. 6 of 1953] vested in the landlordProvided that nothing in this sub-section shall prevent either the landlord or suchBharatia so deemed to be a tenant holding under the landlord, from proceeding under the [West Bengal Premises Tenancy Act, 1956] [Substituted by West Bengal XXIX of 1969], for fixing the standard rent payable in respect of [such structure or part thereof, as the case may be] [Substituted by West Bengal VI of 1953.]