CourtMesh

Section 23

The West Bengal Non Agricultural Tenancy Act, 1949State Act of West Bengal · Act 20 of 1949

( 1 ) Evcry rransfer of nan-agriculrural land held by J. non- Munnrroi agriculrural lcnani or o f any portion or share lier re of shall. excepr $"-5Er0r in rhe case of a bequcsl or a salc in cxccurion of a decree or of a agricuIrumJ Bcn.Acr 111 ccrtificale signed under the Bengal Public Dcmands Recovery Acl. ::!c:to or 1913. 1913, bc mndc by regisrered inslrurnenr. and a Rcgistcring Officcr imdkrds.

shall nor accepr for rcgistralion any such inslrurnenr unless the sale 'See fool-norc 1 on pagc 176. rrr~ir.

Pmwr oilhe co-shmr or rhc i ~ n n x - dink landlord of rmsfrmr 1 0 n ~ ~ r r h n r r [Wcst Ben. Act pricc or, where ~licrc is no snlc pricc, 111c value of the land or porlion or share thereof transferred is srnrcd thcrcin, and unless it i s accompanied by-

(a) a noticc giving Lhcparticulars ofthe transfer in the prescribed form, togelhcr with rhc proccss fce prescrihed fur [he scrvice hereof on the landlord who is not n pnrly to the ~ransier, and

(b) such notices and process I'ccs as may be rcquircd by sub-secrion (4).

(2) In [he casc of a bcqucst or such land or portion or share rhcrcor, no Coun shall gnnr probare or lctrcrs oradn~inisrration un ti1 lhc applicanr files a nolice similar lo, and dcposiu a proccss Tee or the same amount as, !ha[ rcfcrrcd ro i n clnusc (a) of sub-sccdon ( I ) .

(3) A Courl or Rcvcnuc-officer shall no1 conFinn [he sale of such i land or ponion or share [hereof pul to saIc in cxecu~ion or a dccrce or a I ccrdIicate signed under the Bengal Public Demands Recovery Act, 19 13, Dcn. Acr 111 I or 1913: and no Court shall makc a dccrcc or ordcr ahsolu~e fnr foreclosure of n !

mortgage of such land or porlion or sharc thcrcof until thc purchaser or the mongagee, as [he case may be, files n nolice similar 10 and deposirs a process fee of [be same amounr as, [ha1 rcfcrrcd lo i n sub-scclion ( I).

(4) If the transfer of n porlion or sharc or such land he onc lo which the provisions of seclion 24 appIy lhcrc shall hc lilcd noriccs giving particulars of the lransfer in the prcscrjbcd form togclhcr with process iccs prcscribed for [he service [hereof on all co-sharer tenanls of such land who arc not panics ro Ihe mnsrer.

(5) Thc C o u r ~ , Revenue-officer or Registering Officer, as thc case may be, shall in thc prcscribcd manner scrvc ~ h c noriccs for which lhis section provides and after service of such norice lhe landlord shall not reruse [o recognise the rransferee as the tenant in rcspcct of !he land or podion or share thereof transferred nor omit lo cnlcr rhc namc of rhc rransfcrcc in thc renl-roll of the landlord in placc of that of the transferor or, where onIy a portion or share or the inlcrcst or [he rransferor has been transferred, along with rhe name or Lhe lransrcror.

Where this provision sits

ActThe West Bengal Non Agricultural Tenancy Act, 1949
Section23
JurisdictionState of West Bengal
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The West Bengal Non Agricultural Tenancy Act, 1949 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.