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22/05/2024
Laws of Bangladesh

The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)

( ACT NO. XXIII OF 1949 )

Chapter III

TENANTS

Incidents of non-agricultural tenancies held for less than twelve years
9. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, if any non-agricultural land has been held for a term of more than one year but less than twelve years-
 
 
 
 
(a) without a lease in writing, or
 
 
 
 
(b) under a lease in writing for a term of more than one year and less than twelve years to which the provisions of clause (5) of section 7 do not apply, or
 
 
 
 
(c) under a lease in writing but no term is specified in such lease,
 
 
 
 
then the tenant holding such non-agricultural land shall be liable to ejectment on one or more of the following grounds and not otherwise, namely:-
 
 
 
 
(i) on the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4;
 
 
 
 
(ii) on the ground that the term of the lease has expired in the case of tenancies of the class specified in clause (b);
 
 
 
 
(iii) on the ground that the tenancy has been terminated by the landlord by six months' notice in writing expiring with the end of a year of the tenancy served on the tenant in the prescribed manner in the case of tenancies of the class specified in clause (a):
 
 
 
 
Provided that a tenant shall not be liable to ejectment on the ground specified in clause (iii) except on payment of such reasonable compensation on account of the cost of removal of any structure erected or of any improvement effected on such land at the expense of the tenant or on other accounts not being the value of the land as may be determined by the Deputy Commissioner in the prescribed manner.
 
 
 
 
(2) The interest of the tenant in any non-agricultural land to which the provisions of sub-section (1) apply shall-
 
 
 
 
(i) in the case where such tenant dies intestate in respect of such interest, be, subject to the provisions of section 91
 
 
of the 1[* * *] State Acquisition and Tenancy Act, 1950, transmitted by inheritance in the same manner as his other immovable property:
 
 
 
 
Provided that in any case in which under the law of inheritance to which such tenant is subject his other property goes to the State, his interest in such land shall be extinguished; and
 
 
 
 
(ii) subject to the provisions of this Act and of the provisions of section 90 of the 2[* * *] State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.

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