(1) Notwithstanding anything contained in any other law for the time being in force but subject to the provisions of section 28, a landlord wishing to eject a thika tenant on one or more of the grounds specified in section 3 shall apply in the prescribed manner to the Controller for an order in that behalf and, on receipt of such application, the Controller shall, after giving the thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order, and, if he allows the application, shall make an order directing the thik,a tenant to vacate the holding and, subject to the provisions of section 10, to put the landlord in possession thereof.
(v) Notice before ejectment.- Proceedings for ejectment.
Restoration of possession where landlord does not use the land for the purpose for which the thika tenant was ejected.
r I Stay of ejectment for arrears of rent if the amount of arrears and damages are deposited with the 'Controller.
4' The Calcutta Thika Tenancy Act, 194.9.
[West Ben. Act (Chapter 11—Incidents of thi-ka tenancies.—Sections 6-9.)
(2) No order allowing an application under sub-section (1) shall be made in a case where compensation is payable under clause (ii) of the proviso to section 4 unless and until the amount of compensation so payable has been either paid to the thika tenant or deposited with the Controller.
6. Every order made under section 5 allowing an application for ejectment of a thika tenant on the ground that he has failed to pay an arrear of rent due to the landlord in respect of his holding and directing the thika tenant to vacate the holding and put the landlord in possession thereof shall specify the amount of the arrear and of the interest, if any, due thereon, and no such order shall be executed- if that amount, the costs of the proceedings arising out of such application and such damages as the Controller may allow, are deposited with the Controller within thirty days from. the date of the order.
7. If an order under section 5 directing a thika tenant to vacate any land comprised in a holding on any of the grounds specified in clause (iv) of section 3 is made and the landlord who recovers possession of the land as a result of such order does not within six months from the date on which he recovers such possession occupy the land himself or commence the building on, or the development of, the land or re-lets it within six months of the said date to any thika tenant other than the previous thika tenant without the permission of the -Controller obtained in the prescribed manner, the Controller may on application in writing being made to him in this behalf by the thika tenant from whom the landlord has so recovered possession of the land within nine months from the said date, make an order directing the landlord to restore the thika tenant to possession of the land from such date and subject to such condition as may be specified in the order, or to pay him such compensation as may be fixed by the Controller :
Provided that the Controller may, on the application of the landlord, extend the period within which the building on, or the development of, the land is to be commenced by two months at a time and six months in all.
Surrender. 8. (1) A thika tenant not bound by any lease or other agreement for a fixed period may, at the end of a month of the • tenancy, surrender his holding, provided that he gives to his landlord at least one month before he surrenders, notice of his intention to do so.
(2) When a thika tenant .has surrendered his holding the landlord may, subject to the provisions of section 10, enter on the holding and either let it to another tenant or occupy it himself or dispose of it in any way he may think fit.
Ahem:Ionmerit.