It shall not be competent for a landlord to eject any thika tenant from his holding unless the landlord has given the thika tenant notice in the manner provided in section 106 of the Transfer of Property Act, 1882 (IV of 1882)(a)in the case where he wishes to eject the thika tenant on [the ground specified in clause (i) of sub-section (1)] [Subsection by West Bengal Act No. 29 of 1969] of section 3 at least one month's notice in writing expiring with the end of a month of the tenancy; and(b)in the case where he wishes to eject the thika tenant on [the ground specified in clause (if) of sub-section (1)] [Substituted by West Bengal Act No. 29 of 1969] of section 3 at least three months' notice in writing expiring with the end of a month of the tenancy :[Provided that save as otherwise provided in any contract in writings, no thika tenant shall be ejected from his holding on the ground specified in clause (ii) of sub-section (1) of section 3 except on payment to the thika tenant or on depositing with the Controller for payment to the thika tenant such compensation as may be agreed upon between the landlord and the thika tenant or, in the case where they do not agree. as may be determined in the prescribed manner by the Controller on application by the landlord or the thika tenant.] [Proviso subsection by ibid]
