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Section 52

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

(1) If it appears lo the Court 10 which an applicarion is made under scc~ion 51 (ha1 thc applican~ is cnlilled under thal section 10 deposit rhc renl, i l shall rcccive the renL and give a receipr for it under thc seal 01 rhc Court.

(2) A rcccipt given undcr this secrion shall operate as m aaquillance for the amounl of the rent payable by the non-agricultural lcnant and dcposited as aforesaid in the samc manner and u) the same exlcnt as i F that amount of renr had been reccivcdin thc cases refcrrcd to in clauscs (a) and (b) of sub-secrion ( I ) of section 51 by lhc pcnon specified in the application as [he person to whose credil rhc deposit was ro be entered;

in the casc rcferred 10 i n cIause (c) O C t h a ~ sub-section, by the co-sharers to whom the renr is due; and in the case rcferred 10 in clause (d) or that sub-scclion, by the person enrillcd to the rcnr.

Rweip!

gmhcd by Coun Iur dcpos~led to be a vdid aoquilrmce.

, .

53. The Coun receiving a dcposit- ~rxcdun:

orpayment ( i ) in thc case referred to in clausc (a) or in clausc (b) of sub- ,o~heimdsccrion (I ) of secdon 51 shall fonhwith forward ~ h c same by postal moncy-order lo thc address of the landlord: and Penally Cor rclu~inc lo n'crivr n'nl rvnkn-d by p l h l 3 t ~nonrpud r r u r d c ~ ~ i l c ' d .

[West Dcn. Act

(ii) i n thc cnsc refcrrcd LO in clnusc (c) or in clausc (d) of hat sub-scction shall lorthtvith cause lo be ilrfixed in a cor~spicuous placc a1 [hc Cotlri-huusc n nolificntion or rhe rcceipt lhcrcof containing a stntcnierlt O F al l laaterial pnniculars, and. if rhe anlourll or 11lc deposil i s no1 paid under section 54 wiihin ihe period oi:iTrezn days next following 11re datc on which [he no~ilicnrion is so alfixed, rhc Courl sllall furrhwitll in the case rcrcrrcd to ill clausc (c) of 111;\1 sub-secrion causc n nolice of thc rcccipt of ihe dcposit LO be postcd free of chargc at thc landlord's local ofl icc, i f any, and i n somc conspicuous placc in thc uillagc or rown in which 111c non-agricul~ural land colnpriscd wiihi n [he Lcnancy or ;my parlion thereor is si~uaccd, and in tbc case refcrrurl to is] clnusc (d) nl' i l ~ n ~ sub-sccrion caiisc 3 likc ~ i o r j ~ c lo bc served I'rcc o r charge on cvery pcrson y~hu il ha i rcason lo belicvc clnirus, or is cntillcd to, the dcposi~.

54. ( I ) The Couri may pay tile xrnuunt or ihc deprlsii nulilied undcr scclion 53 to any pcrson appearing to i t ro be ellritlcd to the samc, or Inay, i f i t thinks El , rctain (he alnounl pending the decisior~ of a Civil Coun ns ro rhc persun so cnlirled.

(7) l r nti payluenl is mndc undcr clause (i) OF scclion 5.7 or undcr sub-scction ( I ) heforc t l~c cxpimrion of tllrcc ycnrs Trom rhc datc on which a deposit is made, rhc arnouni deposited may, i n the abscncc oi any ordcr of a Civil Cnurt 10 [he conlrilry, bc repaid to the dcposiror upon his applicnrion and on his rc~urni l~g [hc rcccipl giver1 by h z Court with which the rcnt was dzposircd.

(3) Xo suil or othcr proceeding sh311 be i~islitutcd qainsr thc '[Goi~rrnn~ent] or against any oificer or thc 'IGovernmcnl), in respcct or anylhing done by a Courr rccciving a depi)sit under seclion 52 but nothing in h i s scction shall prcvcnl any person cntillcd lo reccivc the a m o u u ~ of any such deposil from recovering the samc k o ~ n a pcrson to whom i t has bcrn paid undcr this secrion.

Pc~rulry for rrfi~si~rg ro receive rerrt.

55. I f a landlord or his agcnt refuses wjthou! reasonable cause to rcceive payment or rent rzmilted by poslat money-ordcr or deposilcd in C o u r ~ , ~ h c landlord shall bc precludzd from recovering, by suit, intcresl, costs or dntnngzs in rcspcct of [he same, and lhe Courr may in addjrion award 10 the non-agricultuml LenanL damages nor csceedin€ ~wclvc and a half pel- cemtrtt on 11ie whole nmounr claimed by ~ h c plain~irr.

'Sre fool-norz 1 un p3gc 116. fltlre.

l'he plea OF the existence of any dispurc as lo thc amoun~ ol'rznt olor -' thc arca of [he land con~prised in thc rcnnncy shall no1 be drea~cd ro bl: a reasonable cause under ~ b i s section:

Pmvidcd rllat, when a landlord aoccprs rcnt, which has bcen dcposi~cd, or rcrnillcd by poslal money-order, 1l1c facr or his acceptance shall not be used in any way as cvidcncc that he has ad~njlted as corrccr ; m y of rhc parliculars scl forth in rhc appIication for permission to deposil or in thc posral money-order form.

56. A non-azricultural tenanr shall no1 bc liable lo ejecrmen! for Liabil~ly lo arrears of renk, but his rcnancy shall be lilrhle to sale in execurion of a iEiK decree For the rznL therzof, and thc rcn t shall be a firs[ charge thereon.

Where this provision sits

ActThe West Bengal Non Agricultural Tenancy Act, 1949
Section52
JurisdictionState of West Bengal
StatusIn force as published by the source

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