Section 7 in The West Bengal Non-Agricultural Tenancy Act, 1949
7. Incidents of certain tenancies. -
Notwithstanding anything contained in any other law for the time being in force or in any contract-(1)if any non-agricultural land has been held with or without any lease having been entered into by the landlord and the tenant from before the commencement of the Transfer of Property Act, 1882, or if the origin of any tenancy is unknown, or(2)if the non-agricultural land comprised in any tenancy which has been or is created after the commencement of the Transfer of Property Act, 1882, has been held for a term of not less than twelve years without any lease in writing, or(3)if any non-agricultural land has been held for a term of not less than twelve years under a lease in writing but no term is specified in such lease, or(4)if any non-agricultural land held under a lease in writing for a period specified therein continues to be held with the express or implied consent of the landlord after the expiration of the time limited by such lease and the total period for which such land is so held is less than twelve years, or(5)if the landlord has allowed pucca structures to be erected on any non-agricultural land held under a lease in writing for a period specified therein, whether such structures have been erected,-(a)before the expiration of the said period, or(b)where such non-agricultural land continues to be held with the express or implied consent of the landlord after the expiration of the said period, during the period such non-agricultural land so continues to be held,then-(i)the tenant holding the non-agricultural land comprised in such tenancy shall not be ejected by his landlord from such land except on the ground that he has used such land in a manner which renders it unfit for use for the purposes of the tenancy,(ii)the interest of the tenant in the non-agricultural land comprised in such tenancy shall, in the case where such tenant dies intestate in respect of such interest, be transmitted by inheritance in the same manner as his other immovable property :Provided that in any case in which under the law of inheritance to which such tenant is subject, his other property goes to the [Government] [Word substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], his interest in such land shall be extinguished, and(iii)the non-agricultural land comprised in such tenancy or a share or a portion thereof together with the interest of the tenant therein shall, subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner, and to the same extent as his other immovable property.
