Section 13(1) in The West Bengal Premises Tenancy Act, 1956.
(1)Notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any Court in favour of the landlord against a tenant except on one or more of the following grounds, namely :-(a)where the tenant or any person residing in the premises let to the tenant without the previous consent in writing of the landlord transfers, assigns or sub-lets in whole or in part the premises held by him;(b)where the tenant or any person residing in the premises let to the tenant has done any act contrary to the provisions of clause (m), clause (o) or clause (p) of section 108 of the Transfer of Property Act, 1882 ;(c)where the tenant has been using the premises or any part thereof or allowing the premises or any part thereof to be used for immoral or illegal purposes;(d)where the tenant or any person residing in the premises let to the tenant is guilty of any act of waste or of any negligence or default resulting in material deterioration of the condition of the premises;(e)where the tenant or any person residing in the premises let to the tenant has been guilty of conduct which is a nuisance or annoyance to neighbours including the landlord ;(f)[ subject to the provisions of sub-section (3A) and section 18A, where the premises are reasonably required by the landlord for purposes of building or re-building or for making thereto substantial additions or alterations, and such building or re-building, or additions or alterations, cannot be carried out without the premises being vacated;] [[Clauses (f) and (ff) substituted for original clause (f) by W.B. Act 34 of 1969. Original clause (f) was as under :-'(f) where the premises are reasonably required by the landlord either for purposes of building or rebuilding or for making thereto substantial additions or alterations or for his own occupation if he is the owner or for the occupation of any person for whose benefit the premises are held;'.]](ff)[ subject to the provisions of sub-section (3A), where the premises are reasonably required by the landlord for his own occupation if he is the owner or for the occupation of any person for whose benefit the premises are held and the landlord or such person is not in possession of any reasonably suitable accommodation;] [[Clauses (f) and (ff) substituted for original clause (f) by W.B. Act 34 of 1969. Original clause (f) was as under :-'(f) where the premises are reasonably required by the landlord either for purposes of building or rebuilding or for making thereto substantial additions or alterations or for his own occupation if he is the owner or for the occupation of any person for whose benefit the premises are held;'.]](g)where the premises were let to the tenant for use as residence by reason of his being in the service or employment of the landlord and the tenant has ceased before or after coming into operation of this Act to be in such service or employment;(h)where premises let out for residential purpose have been used for any other purpose for more than four months without the consent in writing of the landlord;(i)where the tenant has made a default in the payment of rent for two months within a period of twelve months or for two successive periods in cases where rent is not payable monthly;(j)where the tenant has given notice to quit, but has failed to deliver vacant possession of the premises to the landlord in accordance with such notice;(k)where subsequent to the creation of the tenancy, the tenant having agreed in writing with the landlord to deliver vacant possession of the premises to the landlord has failed to do so;(l)[ where the landlord is a member of the Armed Forces of the Union of India and requires it for the occupation of his family and produces a certificate of the prescribed authority referred to in section 7 of the Indian Soldiers (Litigation) Act, 1925, that he is serving under special conditions within the meaning of section 3 of that Act or is posted in a non-family area.] [Clause (l) inserted by W.B. Act 24 of 1975.]Explanation. - For the purpose of this clause -
