(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 erected by the thika tenant on such land and existing on the date of such determination shall vest in the landlord.
(2) When any structure erected in any holding by a thika tenant vests in the landlord under sub-section (1) otherwise than as a result of ejectment of the thika tenant from the holding on any of the grounds specified in clause (iv) of section 3, any Bharatia in possession of such structure shall be entitled to continue in such possession and shall be deemed to be a tenant within the meaning of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, holding under the landlord on the terms and conditions on which such Bharatia had been holding immediately before such structures vested in the landlord :
Provided that nothing in this sub-section shall prevent either the landlord or such Bharatia so deemed to be a tenant holding under the landlord, from proceeding under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, for fixing the standard rent payable in respect of such structure.
Consequences of the determination of interests of thika tenants in certain eases.
Devolution or transfer of holding of a thika tenant.
6 The Calcutta Thika Tenancy Act, 1949.
(West Ben. Act (Chapter II—Incidents of thika tenancies.—Chapter Provisions as to rent of thika tenancies.—Sections 11-15.)
11. The holding of a thika tenant shall descend on his death in the same manner as his other immovable property and the person succeeding shall hold the land comprised in the holding under the terms and conditions on which it was held by the thika tenant. He shall also give to the landlord notice within one month of the succession in the prescribed manner :
Provided that in any case in which under the law of inheritance to which the thika tenant is subject his other property goes to the Crown, his interest in the holding shall be extinguished.
CHAPTER III.
PROVISIONS AS TO RENT OF Thika TENANCIES.
Payment of rent.
Time and place for payment of rent.
Appropriation of payments.
Thika tenant entitled to receipt for rent.
12. Any rent or instalment of rent payable by a thika tenant shall be paid, where there is a contract in writing in this behalf between the landlord and the thika tenant, within the time fixed in the contract or, in the absence of any such contract, by the fifteenth day of the month next following the month or period for which the rent is payable.