Topic: sec 12-A. Special provisions with respect to transfer of tenancy right

[12-A. Special provisions with respect to transfer of tenancy right of evacuees.

(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, where tenancy rights have vested in the Custodian as evacuee property and the Custodian has granted a lease in respect of such property, the Custodian may, in any case where the lessor under whom the property was held immediately before it vested in the Custodian is not an evacuee, declare, by general or special order, that with effect from such date as may be specified in the order he shall stand absolved of all responsibilities with respect to the property or the lease granted by him.

(2) On the making of any such declaration as is referred to in sub-section (1), -

(a) The lease granted by the Custodian shall be deemed to have effect as if granted by the lessor under whom the property was held immediately before the Custodian assumed possession or control thereof and shall continue to have such effect until it is determined by lapse of time or by operation of law:

(b) All sums realized by the Custodian in respect of the said lease before the date of the declaration referred to in sub-section (1) shall, subject to the deduction of fees, if any, payable to the Custodian, become payable to the lessor against whom the lease has now effect.

(3) Nothing contained in this section shall-

(a) Be deemed to empower the Custodian to grant, without the consent in writing of the original lessor or his successor-in-interest-

(i) Where the original lease is for a specified period, any lease for a period extending beyond the date on which the original lease would have expired: or

(ii) Where the original lease is from year to year or month to month or on any other similar tenure, any lease on a tenure different from that of the original lease:

(b) Render the Custodian liable to any person for any sum in excess of the sum payable to the lessor under Cl. (b) of sub- section (2); or

(c) Prejudice any rights of the lessor or the lessee, to which he may be entitled under any other law for the time being in force, consistently with the terms and conditions, if any, of the lease granted by the Custodian.]