( 1 ) A [enant holding any land not being non-agricul~uml land which is situalcd wirhin any area to which this Ac1 extends or his landlord, may apply to [he Collcc~or Ibr the convcrsion of such land into a tenancy LO which the provisions of his Act apply and, on rcccipt of such applicalion, ihc Collcctor shall, by ordcr in writing, dirrcl such convcrsion subject to payrncnl of such rent nor cxcccding twice the rent for t f ~ c lime being payable for such land, as [he Collcclor may fix:
Providcd [hat no landlord shall bc cn~illed to apply under [his subsection for such conversion of any land cxcepi in the case where such land is bcing uscd by the lenant by whom it is held for any purposc not connected with agnculturc or honiculturc wirhout the express or implied consent cul~ure or horticulture rvithout the zxprcss or implied consenlo1 ~ h c landlord:
Evidiun or non-amcu l~un l
1tn.mIs holding^ Icnmcl= condirional upon employmcn~ in induslrial conccm.
Applicvian ofrhc T m l u r of Pmptny ACI.
1881. or olhr'r law.
Provided furrher lhal no ordcr under this sub-seclion shall be passcd withoul noricc. the prescribed proccss ice for which shall accompany thc application,-
(i) in the casc whcre such application is made by a tenant, to ~ h c landlord or-thc entire body of landlords nod io thc cosharer tenants. if nnv. and The West Berlgal Non-Agricrrltwrol Terlarrcy Act, 1949.
(Chapter XI.-J~rdicinl Procedrrre.-Sectiotrs 75-77.)
75. A suit for thc cjecmcnr oCa non-agricul~ural lenant, on the ground Rclier '?: apins l that he has uscd thc non-agricultural land in a manner which renders i t rotci,, unfit for use for the purposes of the renancy shall nor be enrer~ained in~ef lain mus.
unless the landlord has scrvcd in thc prescribed manner, a notice in wil ing on [he non-agricultural [enant-
(i) specifying rhc particular misuse complained of; and
(ii) i f [he misuse is capable of remedy, requiring [he tenant 10 remedy the same, and unless he tenam has, where h e misusc is capable of remedy, failed wirhin a reasonable lime from h e date of rhc service of Ihc nolice to remedy the misusc.
76. Whcrc thc inreresr of a non-agricultural tcnant in any nonagricultural land i s sold in execurion of a decree or of a cerliflcate signed Bcn.ActII1 under the Bengal Public Demands Recovery Act, 1913, for arrears of of 1913. rent due in respect of such land. thc purchaser shall takc f c c kern all ' encumbrances which may havc bccn created by such non-agricul~ural tenant or his prcdccessor in interest and is subsisting immediately before the purchase takes effect, but subjecl lo the interest of any undertenant having under section 22 the rights and liabilities of a tenant.
Prorcc~ion or the inrewl or an undertcnanl having [he rights and liabibililics of atenvlr in c z c oisdc rot arrcars o f renl.
77. Whcrc a non-agriculuraI icnant or his prcdccessor in intcrcst kt iveryof possmion or h z erected any structure on any non-agricullural land held by such l,d,,td I,, tenant and such land is sold in execu~ion of a decree or of a cedficale =-fh.
signed under the Bengal Public Dcrnands Rccovery Act, 19 13, for arrcars h a m y .
of rent due in respect of such land, the purchaser shall be enutled to oblain delivery of possession of the land sold by thc rcmoval or such by ?nonagncuItuml slruclurc: lenanL
Provided h a 1 the judgement-debtor shall be allowed reasonable time by h e Courr LO remove such smcture from h e properly sold before the possession of such properly is delivered to h e purchaser:
Provided further t h a ~ it shall be open to the purchaser to obtain possession of such land togeher with such strucrure on payment of such compensa~ion for the value of such structure 10 the judgement-debtor as may be agreed upon belwecn h e puchaser and h e judegement-debtor or, in thc casc whcrc thcy do not agrcc, as may be derermincd by h e Court on application by [he purchaser, and, on payment of such compensation, h e interest of the judgement-debtor in such structure shall vest absolutely in the purchaser.
T f ~ e Wesr Bellgo[ Non-Agricebrrrrrl Tetrmlcy Acl. 1949.
[West Ben. Act (Clr u p ~ r XI.-J~~dicial I'roccrlrr re.-Sect io,u 78. 79. ) h r c h z c of 78. Norwithslanding anylhing contained in thc Code of Civil AFIVDI non- :.
asncul,unl Proccdurc, 1908, whcnever the intcrcst O F any non-agricultural tenant in 1908.
!cn.ulcyln m y non-agrkulturul land is sold in cxecurion ~f a dccrcc for arrears of uxecudanoi adccrcefar rent, and thc salt i s confirmed, tllc purchase shall lakc cffcct from the a m m o f date of confirmation of the sale.
rcnl to IA~ :
c C f ~ 1 rmm Ihc datc or conlirrrurion olthculc, ~ u l c s ror 79. ( 1 ) In disposing of h e prockeds of a sale aF rhe interest of a disposal or sa~c pmyh. non-agricultural lenanl in any non-agriculmral land in execulion of dccrcc for arrears of rent thc following rules instcod of those conlained in scction 73 OF the Code of Civil Procedurc, 190S. shall be observed, that is lo say-
(a) there shall firs1 bc paid to he dccrcc-holdcr h e cosk incurred by him in bringing ~ h c lcnancy to sale;
(b) thcrc shall, in the next place, be paid ro [he dccrcc-holder the amount duc to him undcr thc decree in execution of which.the snlc was made;
(c) if lhere remains a balance after [hesc sums have been paid.
rhcrc shall be paid Lo h c dccree-holdcr thcrcrrom the cosrs of thc application made undcr this section and any rcnL which niay have falIcn due to him in rcspcct of the tenancy bctwccn lhc institution of (hc suit ond the datc of rhe confirmalion of the salt;
(d) [he balance (if any) rcmaining d t e r thc payment of the renl mantioned in clausc (c) shall. upon h e expiradon of Iwo months from the confirmation of thc salc, be paid to the judgment-deblor upon his applicauon unlcss the Court, for reasons to be recorded in writing, olhcnvisc directs.
(2) If Ihc judgmenl-deblor dispures the dccrcc- holder's rjghlio receivc any sum on accounl of rent under clause (c) of sub-scc~ion ( I ) , rhe Court shall determine h e dispute, and h e dctermjnalion shall have he force of a decree.