Amendment status not verified — confirm the current text below against the official source.
(1) Where any decree for recovery of possession of any premises has been made on the ground of default in payment of arrears of rent under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, but the possession of such premises has not been recovered fro*: the tenant, the tenant may apply to the trial court within silty days of the coming into force of this Act for vacating the decree for ejectment against him and within such period no order for delivery of possession shall be made by any court, nor if an application is made by the tenant under this sub-section till the application has been dismissed under sub-section (4). (2) The Court shall, as early as may be, serve notice of the application on the landlord and after hearing the parties if the landlord appears, determine the amount of rent which would have been payable by the tenant and would be in arrears if the tenancy continued unbroken up to and includ- ing the month in which the order stated hereafter is to be maV, and order the tenant to pay the said amount as also the amount of interest on such arrears of rent calculated at the rate of nine and three-eighths per x.e. ntum per annum together with such costs, if any, as may be adjudged to the lar4dlord, within such time, not later than forty days from the date of the order, as the court may fix. (3) If the tenant pays the said sum within the time fixed, the court shall vacate the decree for ejectment with all consequential orders, and the tenancy shall continue as if it never terminated. (4) On failure of the tenant to make the payment within time his application shall be dismissed with such costs as the court may award to the landlord. (5) If at the date when this Act comes into force, a suit for ejectment of a tenant is pending whether in trial court or in court of first or second appeal in which no decree for ejectment would be passed except on the ground of default in payment of arrears of rent under the provisions of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948, the court shall exercise the powers of granting relief against ejectment given by section 14 of this Act following The West Bengal Premises Rent Control 13 (Temporary Provisions) Act, 1950. XVII of 1950.] (Chapter IV. Deposit of rent.—Section 19.) the provisions and procedure of that section as far as may be -necessary, and for the said purpose shall make such order for amendment of pleadings, production of evidence, remand, payment of costs as may be necessary or just. CHAPTER IV. DEPOSIT OP RENT.