(1) Norwithstanding anything contained in rule 72 of Order XXI in Schedule I lo [he Codc or Civil Procedure, 1908, thc holdcr of a dccrec for arrcars or rent in respect of A tcnaccy of a non-agricultural tenanl in execurion or which such tenancy i s sold miiy, wi~hout [he permission of the Court, bid for or purchase lhc lenancy.
(2) The judgmenr-dcb~or shall not bid for or purchasc a rcnancy so sold.
(3) When a judgmcnl-dcbtor purchases by himsclf or lhrough anolher person a tenancy so sold, thc Courl may, if il rhinks f i r , on rhc npplicalion or rhe dccree-holder or any olhcr person interested in thc salc. by ordcr sel asidc Ihc salc, and the cosls of thc application and order and any deficiency or pricc which may happen on thc resale, and all expenses attending it shaIl be paid by the judgmenl-dcbror.
84. For rhc purposes of this Chaplcr Lhc lcrrns ,"arrearsv and "arrears OF rent" shall be dcemcd to include interesl dccrecd under section 57 or damages owardcd in lieu orinteres~ under sub-scction ( 1 ) of sec~ion 58.
85. Nolhing in this Acr shall apply r+
(a) any land vesrcd in. or in the possession oi-
(i) a pon authority of a major port, or
(ii) a railway administrarion. or
(iji) any local authority, or
(b) any lease in rcspect of any forcst-rights or rights over fisheries or rights ro minerals in any non-agricultural land, or l o f 1894.
XXXV nf
1939.
XVIlof
1947.
Wcsl Bcn.
Acr 11 oi
1935.
\Vest Ben.
Acr X X I of
1948.
West Ben.
A c t V l l l o l . 1951.
x x x ~ r
1952.
'(c) any land acquired or deemed to have been acquircd undcr the Land Acquisition Act. 1894, or rhe Dcicnce of India Rulcs made under the Dcfcnce of India Act, 1939, OF the Requisitioned Land (Conrinuanct of Powers) Acl, 1947, or [he West Bcngal Land (Requisition and Acquisition) Act, 1948, or the West Bengal Land DcvcIopmenl and PIanning Act, 1948, or the West Bcnsal Requisilioned Land (Conlinuance o f Powcrs) ACI. 195 1, or the Requisitioning and Acquisition of Immovable Properly Act, 1952, or any olher law for rhe timc being in forcc providing Tor thc compulsory acquisition of land, for Government, while such land rcmains [he propcrly of Gfivrmrnenr, or
(d) any land which is rcquircd for carrying our any of the provisions of the Calcurln improve men^ Act, 19 1 1.
86. Nothing in any conlract betwccn a landlord and non- Ccnain agricultural tcnant made aCler I hc comrncncement of this Act shall take ~ ~ & ~ , ~ , O ' I !
away or l i m i ~ [he righrs of such renant as provided For by this Act, and pmis inmol i any conuacr which is made in con~ravcntion of the provisions or this Ihc ACI. !
section or which is inconsistent with, or purports lo alter the eIfcct of, any of the provisions oFlhis Act, shall, to thc cxtcnt of such contravenLion or inconsistency or lo [he exlent it purports 10 alter such effect, bc void !
and without cliect.
87. When under this Acl a Coun is authoriscd 10 make an ordcr JurisdiEljon on the application of a landlord or a non-agriculwral [enant, thc appli- :$ynzr' caion shall bc made lo the Civil Courl which would have jurisdiclion ~ A C I .
to entertain a suil for posscsson of [he non-agriculrural land comprised in h e tenancy in connccrion wilh which rhc application is made.
88. Thc provisions of this Act shall have effect in respect of all suib, Appliwcion, appcals or proceedings including proceedings in execulion for ejeclmenr of a non-agricultural lcnarll which are pending at thc date of commcnccmenl of this Act.
89. In computing the pcriod provided by any law for the timc being Saving of in force for thc execution of a decrcc Tor ejecbnen~ which w u stayed 'imila'iOnm BC,-,. ~ ~ 1 1 ~ under the Bengal Non- Agricultural Tenancy (Temporary Provisions) Act, 01 1910. 1940, or for the institution of a suit for the ejectmenr of a non-agricultural - tenant, the pcriod during whch the said Act continued in force shall be excluded.
'This clause (c) w w subsrilu~ed Tor th original clausc (c) by s. 3 of the Wcsl Bcngd Non-Apricullud Tenmcy (Arncndmcn1)Ad. 1953 (WVcqt Bcn. Acf KXlV or 1953).
Tlre \Vesr Bellgal Non-Agricrrlrrrrtl! Tetratlcy Acr, 1949.
[West Ben. Act (Cl~nprer XII.-hlisccllo~reo~~~~--Secri~~~~ 90-92.)
- - . , .
Cornpula~ion . . , . 90. If any non-agricultural land has been held by a [enant from . . ..
olthcpriod . . . . .....
rorwh,ch berorc tile commcnccmcnl of the Bengal Non-Agriculrural Tenancy Bcn.Acr IX non- (Temporary Provisions) ACI, 1 9 4 s of 1940.
apriculrunl land hzs lxcn (a) under a leasc in writing and \he lime timilcd by such lease held in his- expired either bcCorc such con~mencement or at any time ccnlm c m s .
during the period the said Act has been in force and the rennnt has continued lo hold such land during such period, or
(b) undcr a lcase in writing bur no lcmm is specified in such Icasc, or
(c) wilhour a lcast: i n writing, thcn in claculating for h e purposcs of sections 7 and 9 the period for which such land has been held by such 1cnant.-
(i) in the casc whcrc thc land l ~ a s becn held undcr a lcase in wiling and d ~ e iimc limitcd by sudl lease has expircd a1 any lime during tie conunuancc in force of [he said Acl, thc pcriod for which such land has h e n held during such continuancc artcr [he expiration af Lhc limc limiled by such lease, and
(ii) in other cascs, Ihc pcriod for which the said Act has bccn i n force, shall bc cxcIuded.
Krpd of Bungal hcl X I X of 1936 and Bunpal AckIXof
1940.