Amendment status not verified — confirm the current text below against the official source.
(1) On a suil or procecding being instiluted by the landlord on when, any of thc grounds referred lo in secrion 13, [he renant '[shall, subject lenmlcan ECI rhc to Ihc provisions of sub.scction (2). wilhin one monrh] or rhc scrvicc knclil of [he writ of summons on him, =[or where he appears in lhe suir or pro~ccrion proceeding wilhout [he wril of summons bcing scrvcd on him, within :F${!~, onc monlh of his nppcarnncej -'[deposit in Court or with the Conuoller or pay ro [he landlord] an amount calculated at h e rale of rent at which it was lasr paid, for ~ h c pcriod for which the tenant may havc made default including [he period subsequent chcrclo up to thc cnd of !he monrh prcvious to that in which the deposil or payment is made together with interest on sucll amount calculared a1 he rate of eigh~ and one-third pcr ccnr. pcr annum from thc date whcn any such amounl was payable up ro [he date of deposit, and shall [hereafter continue to deposit or pay, monlh by monrh, by [he 15th of each succccding month a sum equivalent to the renr at that rate. 4(2) If in any suit or procccJing rcrcrrcd to in sub-section (I) hcrc is any disputc as lo the amount of rent payable by h e renant, the tenant shall, within the dme specified in sub-scclion (I), dcposir in coun h e amounr admiltcd by him ro bc duc from him togcther with an applicadon lo thc court Tor dctcrminalion of [he renL payable. No such deposit shall be accepted unless it is accompanied by an application for determination or thc rent payable. On recejpr of such applicarion, the court shall- (a) having regard In the rate at which rent was last paid, and the period for which default may have h e n enmade, by [he [enan!, make, as soon as possible within a period not exceeding one year, a preliminary ordcr, pending iinal decision of thc dispurc, specifying thc amount, iF any, due From the tenant and lhcreupon the [enant shall, within one monlh of [he date of such preliminary ordcr, deposit in coun or pay to the landlord the amounr so specified in rhc preliminary ordcr; and 'Thcsc words. tigun: and bnckcls were subsiiruicd for rhc words "shall. within one lnonih" by s. 3 1 ) or thc WcsI Bcngal Przrniscs Tcnancy (Arncndlnenl) Aci. 1959 (IVesr Bcn. Aci XXVll o l 1959). :Inrncd by s. 51a) or Ihc \Vest Elcngal Prerniscs Tcnmcy (Amcndmcn~) Aci. 1g65 O\'CSI Ben. Acr XXIX OF 1965). %ubs!i~u~cd with ~rru>wcrive rIlccr lor 11ic words "dcoosii in Court or oav to ihc Im~dlwd" by s Slb) or (hc k s r Benpal Premix, Tenancy (irnendmenr) Act, 1'965 (West Ben. Acr XXIX or 1965) 'Sub-section (1) IV= subsiiiuicd lor rhc original sub-scc~~on by s. 2(1) o f the West Rrnn.~l P r r n ~ i c r . ~ Tnn?nr\. f hmrnrlmml~ A r r ltlqn I\\'-rr Rmn A r r Y Y V l l nT lncnl T11e \Vest Bellgal Pi'errtises Terta~rcy Act, 1956. 1 Wcsi Ben. Act (Cl~aprer II1.-S~rits ar~d ptnceedirrgs for evic~iotr.-Sectiorr 17.) (b) having regard to the provisions or [his Act, makc, as saon afer the preliminary order as possible, n final ordcr determining thc ralc of rcnt and rhc amount to be deposited in court or paid to the landlord and either fixing the time w i h n which the amount shall bc deposited or paid or, as the case may bc. dirccling lhal h c amount already deposited or p ~ d be adjuslcd in such manncr and within such time as may bc spccificd in thc ordcr. '(2A) Notwirhstanding anything conlaincd in sub-section (I) orsub- section (21, on rhe applicalion of [he lenanl, the Court may, by order,- (a) exlend the lime specified in sub-section (1) or sub- section (2) for the deposit or paymenr of any amount rcferrcd to herein; (h) having regard t 1112 circun~stances of rhc tenant as also of t hc landlord and thc total sum inclusive of inlcrest required to bc dcpositcd or paid under sub-scction (1) on accounl of dcfaulr in h c payment of rent, permit the tcnant ro deposil or pay such sun1 in such instalmenu and by such dales as the Court may fix: Provided h a t wherc paymcnt is pcrmirred by inslalmenrs such sum shaIl include all amounrs caIcularcd a1 the ratc of rcnt for ~e period or dcfaull including thc period subscqucnt ll~ercto up to the end o i the rnonrh previous lo lhal in which h e order under this sub-section is to be made wilh inleresr on any such arnounl caIculated aL thc rotc spcciGed in sub-section (1) from the datc whcn such amouni was payable up to thc dare of such order. '(20) NO applicadon for cxlcnsion of ~ i m c for h e deposii or payment of any amount undcr clausc (a) of sub-secuon (2A) shall be entertained unlcss it is madc bcforc thc cxpiry of h e limc specified therefor in sub- seclion (1) or sub-secrion (2), and no applicalion for permission la p ~ y in instalmcni under clause (b) of sub-seclion (2A) shall be. enterlaincd unless it is made before [he expiry of the lime specified in sub-secdon (1) for the deposit or payment of the amount duc on accounl of default in thc paymcnl of rcnt. '(3) If a lcnant fails to dcposii or pay any amount referred to in sub-secuon (1) or sub-sec~ion (2) wilhun the time specified therein or within such extended time as may be allowed under clause (a) of sub- section (2A), or fails to deposi~ or pay any inslalment pcrmilted under clause (b) of sub-scclion (2A) wilhin [he lime fixed herefor, the Court shall order the dcfcncc ngainsi dclivcry of possession lo be struck out and shall proceed with the hearing of the suit. 'Sub-sections (2A) and (28) were inscned by s. 3 1 ) OF h e 1Ves~ Bengd Prernisu Tenancy (Amendment) Act. 1969 (WSI Bcn. Act XXX or 1969). 'Sub-scc~ion (2) w u subsli~utcd lor h c original sub-scc~ion by 2. 32). ibid. (Chapter !I!.-S~rits and pmcctditlgs for cvicrio~l.- Sectio!~ 17A.) (4) IT a tenant makes deposit or paymenl as required by sub- ? scclion ( I ) '[sub-sccdon (2) or sub-scction (ZA)], no decree or order Tor delivery of posscssion of the premises to h c landlord on thc ground of default in payment of renl by lhc tcnanl shall bc madc by [he Court bul rhc Court may allow such costs as i t may dccm lil to he landlord: ?Provided that a renant shall no1 be entitled to any rclief undcr [his sub-seclion iF, having obtaincd such relief oncc in rrspzc~of h e premiscs, he has again madc dcrault in [he paymen1 oircnt for four nlonths willlin a period of rwclve nionlhs. -'17A. ( I) Where in a suir pcnding at the darc of commencemen1 of Powcr of Coun to sel Prcsidr.n~'s h e Wesl Bengal Prcmiscs Tenancy (Amendmcnl) Acl, 1968, the defcncc a5jdeordtr ACI 4 or againsl delivery or posscssion was srruck out by an order madc undcr 51riLing our