Amendment status not verified — confirm the current text below against the official source.
dclcncc sub-scc tion (3) of section 17 bcforc such dale, the lcnanr may, within =gins[ u pcriod of thirty days from such dsto, rndc an application lo Lhe Coun ~~~~~'~~ which madc such order to set asidc such order. (2) On receipt of an application under sub-seclion (I), the Coufl shall dc~cnninc, aflzr giving credit for cvcry deposir or pay men1 made by lhe lenant in accordancc wilh the provisions or sub-seclion (1) or sub-section (2) orscclion 17, [he total amouni wllich rhc tenant remained liable 10 dcposit or pay in accordancc with such provisions up to he end or he monlh prcvious to thal in which thc order under this sub- seclion is to bc made and direct he tenanr, by order, lo deposit such amount in thc Courl wirhin a period of thidy days from [he date OF thc order. (3) IF !he tcnanl dcposi~s such amounl within such lime, the Courl shall idlow the.applicalion under sub-scctian ( L ) and set aside thc order made under sub-sec~ion (3) of scaion 17 suihng o u ~ the dercncc against delivery of posscssion, and pcrrni~ the tenant to derend thc claim for dclivcry or posscssion. (3) If Ihc !cnani fails to deposit such amounl within such time, his application undcr sub-seclion ( I ) shall be dismissed with such costs as the Court may award lo the landlord. 'The tords, bmkch, figures md lelcer wirhin thc squarc bnckcts wrw subs~iturcd for the words, bnckers md figure "or sub-scc~ion (2)" by s. 2[3)(a) o f the \Vest Bcngd Prrmisrs Tm:mcy (A~ncndri~en~) ACI, 1969 (Wcsr Ben. Acr XXX of 1969). 'Thc proviso was substi~utcd by s. 1(3)(b), ilrid. 'Scc~ions 17A to 17C wcre subslituted Tor thc original sc~rion 17A by s. 3, ibid. Rior lo his subsrirutian. orginal section 17A was inscncd by s. 6 OF the \Vesr Bengd Prcniiscs Tenancy (Amtndmcnl) Act, 1965 (Wcs~ Bcn. h c ~ XXIX of 1965). Powrr or CLJ* to ~ c I asidi dccrcc in cases whcrc dcfencc agiiinst dclivcly or possrssioo smck out. T/I e CVesr Berrgal Prettlises Tcr mncy Act, 1956. [West Den. Act (Cf~oprer Ill.--S~rils arrd proceedi~~gs for eviction.-Section 17B.j '17B. ( 1 ) Where a dccrcc for lhc rccovery of possession of any premises was passed before the cornrnencemenr of rhc Wcst Bengal k-~sidcnr's A c l 4 or Premises Tenancy (ArncndmcnL) Acl. 1968, in a suit in which the defence ,966, against delivery of possession was suuck OUL by an order under sub- section (3) of sccrion 17, bul tile possession of such premises has no1 been recovered horn uie tenan( by thc cxcculion of such decree, the tenant rilay, wi~bin a pcriod of sixty days of such commencement, make an applicarion 10 rhc Court which passed such decrcc 10 scr asidc such decree. I3plartnrioa.-Where such decree has been passed in the exercise of appellate jurisdiction, an application undcr this sub-section shall bc madc ro thc Coun of Lrsl instance. (2) All proceedings in execuuon oi such dccrcc shall remain stayed during thc pcriod rc~cmcd to in sub-seclion (1) and, where an applicarion under that su b-section has been madc by rhc tcnonr within such period, until such application is disposed of by the Coun. (3) On receipt of an applicar ion under sub-secuon (1) the Coun shat l causc a noticc rhcrcoilo be served on the landlord and ahcr hcaring such cvidence as the parties may adduce, detcrminc- (a) h c total amount [hat [he [enant was ljabIc to drposi t or pay in accordance with the provisions of sub-section (1) or sub- section (2) of scclion I7 during the period ending with the dare of the decree for the rccovcry of possession, after giving crcdit for every deposit or paymcm madc by thc tcnant in accordance wilh such provisions during such pcriod; and (b) [hc total amount that the tenan( remained liablc lo pay if he had to pay for the period commencing from the date of such dccrcc and ending with the date of rhe order to be made under [his sub-scc!ion a monthly sum equivalenl to he renl at the rate at which ir was last paid, after giving credit for all such sums thar the tcnant rnighl.have deposited in the Coun or wirh the ControlIzr or paid 10, the landlord for such pcriod, and direc~ the lenanr, by ordcr, to deposit in the Coun the aggrcgatc of thc amounls referred to in clauscs (a) and (b) within such time, not exceeding sixty days from thc dntc or the order, as the Court may fix. (4) If the lcnant deposiu Ihc amounl ordered by h e Court widin h e timc fixed by il, he Coun shall allow [he applicaiion under sub- seclion ( I) and set asidc rhc dccrcc for the recovery of possession passed in rhc sui~ and the ordcr madc under sub-section (3) of seccon 17 stiking oul he defence against deIivcry of possession, and fix a date for proceeding wilh rhc hearing of rhe suil. 'Set faat-no~c 3 on page 681. anre. Tire Wesr Belrgal Prenrirer Tetiancy Act, 1956. (Clrapter Ill.-Suin a~rd procrcdirrgs for evicriot1.-Sections i 7C, 17D.) (5) I f the [enam fails !o deposi~ amounr ordered by the Court ':I within the iime fixcd by it, his applicarion under sub-section ( I ) shall bc dismissed with such costs as the Court may award to the landlord. '17C. A tenant who deposits tile aniount as direcled by the Court &posit under szcrion under sub-scction (2) of scction 17A or sub-section (3) of section 17B 1 7 ~ ~ ~ shall, for rhc purpose of sub-scclion (4) of scclion 17, be decmcd lo have scclion 178 LO Ix dccrncd duly made h e dcposi t as requircd by sub-sec~ion ( 1 ) or sub-seclion (2) I, k: drposil of section 17. LE rcquircd by sub- scclion (I) or sub- scclion (2) of sccrion 17. Pmsidcnt's '17D. ( I ) Where before he commencemcnl of the West Bcngal Power of ACI 4 oi Cow to sct 196s. Premises Tenancy (Amendmcnl) Act. 1968, a dccrcc for the recovcry o f =ide drcKc. possession of any premises w a passed- pa~lcd on accounl of (a) in a suit under this Act, in which no order had bccn made dcbult in paynlenl or undcr sub-section (3) of section 17 srriking oul dclcnce ,,, againsr delivcry of possession, only on h e ground referred ro in clausc (i) of sub-secljon ( I ) of section 13, or Acl XVlI of 1950. (b) in a suir undcr the West Bcngal Prerniscs Rent Conlrol (Temporary Provisions) Act, 1950, by rcason only of clause (i) of the proviso to sub-section (1) of section 12 of that Act, but the possession of such premises had not bccn recovered from the renant by [he execution of Ihc decree, the tenant may within a period ~ V ~ s l B c n . of sixty days from tlic date of cornmcncement of Ihc West Bengal ACI XXXlV or 1969. Prerniscs Tcnancy (Sccond Amendmen[) Act, 1969, makc an application lo Ihe Cout~ which passed thc decree to set aside the decree. hplarratiot~.--Where the dccrce was passed in thc cxercise of appcllarc jurisdiction, an application undcr his subsec~ion shall be made LO ~ h c Coun oi first instancc. (2) Wilcrc an application has been made under sub-section (1) for selling aside a decree, all proccedings in excculion of [he decrcc shall remain stayed un~il he applicalion is disposed or. (3) On receipr of an application under su b-section ( I ) the Coun shall cause a oolicc thereof lo be served on Ihc landlord and ahcr hearing such evidcnce as rhc parties may adduce, delerminc- 'See 1001-notc 3 on page 681, urrte. :Scclion 17D was inserled by s. 5 o i the West Bcngal Prcnlises Tenancy (Sccond Arncndnicn~) Act, 1969 (Wesl Ben. Act XXXIV of 1969). [West Ben. Act (a) (i) where h e decrec was passcd in a suil under !his Act, [he total arnounl lhal thc tcnanl was liable to deposil or pay in accordance wirh ~ h c provisions of sub-seclion (1) or sub-seclion (2) of scc~ion 17 during the period ending wirh rhc dn(c of the decree, after giving credit lor evcry dcposil or payment made by thc lcnanl in accordancc with such provisions during such pcriod, or (ii) wherc the dccrec was pnsscd in a suit under ~ h c West \%st Bcn. Bengal Prcmiscs Renr Conrrol (Temporary Provisions) t:jz!l , , Acl, 1950. Ihc 1o1aI amount thal ~ h c tennnl would have bcen liable 10 dcposi~ on accoun! of rent including thc arrears of renl during [he period ending wirh the dalc of the decree, had an order been made in rhc suit by the Court under sub-scction (4) of scction 14 of rhal Acr for deposit of rcnl at the rale at which it was I=[ paid and the arrears of rcnt, if any, after giving crcdit Tor cvcry deposil made by h c tcnant for such renl or amcars during such period, and (b) in ejthcr cue, the total amounl rhsl~ he tenant remained liable lo pay if he had to pay ior thc pcriod commencing from lhe dale of Lhc dccrcc and ending wirh thc dalc of [he order to bc made under this sub-scc~ion, a rnonlhly sum cquivalent 10 thc rent at which ir was Im! paid, after giving crcdit for all such sums [hat the tenant might have deposited in rhc Court or with the Controller or paid to Ihe landlord Lbr such period, and direct the rcnant, by order, to dcposit in Coun the aggregate of h c amounb referred to in t.lauses (a) and (b), together wit11 sucll furhcr m o u n t as the Coun may allow a costs of thc suir wilhin such lime, not excccding sixty days from ihc date of the ordcr, as lhc Court may fix. (4) I l the tenanl dcposits the amounls ordcrcd hy the Cour~ wilhin the umc fixed by it dlc Court shall allow rhc application under s u b section ( I ) and ser aside thc decree for [he rccovcry r ~ f possession passed in rhc suit and dismiss Ihe suil. (5) If lhc tenant fails lo deposit the amounls ordered by [he Court within [hc lime fixed by it. his applicalion undcr sub-seclion (11 shall be dismissed with such cgsk as [be Courl may award to the landlord. TI1 e West Ber~gal Prct~~ises Tetrancy Act, 1956. (Cliapter 1II.-SSrrir atld pruceedings for ~vicriotr.--Secrio~~ 17E.J r \\lesl Bm. 8 '17E. ( I ) Whcre before thc commencement of the Wcsr Bcngal Acl XXXIY 01 1969, Premises Tcnancy (Second Amcndrncnt) Aci, 1969. a dccrcc for hc recovery of possession of any prcmiscs was passed in a suit which had been hroughr by a landIord, who had acquircd his intcrest in such prcmiscs by uansfcr, bcrorc rhc cxpirarion of a pcriod of thrcc years from Ihc dalc of his acquisirion 01 such inrcrest only on one or more of the grounds menrioned in clause (f) of sub-seclion (1) of seclion I3 as it was in forcc bcfore such comnlencement, but he possession of such prcmiscs has not bccn rccovcrcd from ~ h c tcnant by the cxcculion of thc dccrcc, rhc tcnant may, within a pcriod of sixty days irom rhc datc of i\!cs~ Ben. commcnccmcnt of thc Wesl Bcngal Prcmises Tcnancy (Amcndmcnt) ~ ~ ~ ~ ~ ~ [ ' Acr, 1970, makc an applica~ion to Ihc Coun which passcd Ihc dccrcc to set asidc Ihc dccrcc. fiplar~utiot~.-Where h e decree was passed in the exercise of appellate jurisdiclion, an application under this sub-section shall be made to the Court of first inslance. (2) Whcre an applicauon has been made under sub-secrion (1) for se~ring aside a decree, all proceedings in execution of the decree shall remain staycd until the application is disposed of. (3) On receipt of an applicarion under sub-sec~ion (I), the Court shall causc a noticc thcrcof to bc served on thc landlord and if after considering such cvidcncc as [hc parlics may ndduuc,- (a) lhc Courl is not sadsfrcd that [he suil in which the decrce was passed had been brought by a landlord, who had acquired his inlerest in the premises by wansfer, before the expiration or a period of three years from the date of his acquisition or such interest, thc Coun shall dismiss [he application with such cosrs as the Court may award lo the landlord; or (b) ~ h c Courl is satisfied that the suit in which the dccrec was passed had bccn broughl by a landlord who had acquircd his interesr in the premises by lransfer before the expiralion of a pcriod of thrcc ycars from the dare of his acquisition of such inrcrcsr, [hc Court shzlll dclermine lhe nmounl which would havc bccn payable by the tenant Tor thc period co~nmcncing from [he dalc of the decree and ending with thc dale of h c ordcr 10 bc madc undcr [his sub-sccrion, if during such pcriod the tcnant had lo pay, month by monlh, a sum equivalcnl lo thc rcnt ar rhc ralc at which it was last paid and aftcr dcducring thcrelrom all such sums as the lenanr inay have dcposircd in Court or with thc Conuoller Power of Courl to scl aside ccnain dccrccs passcd in suils broughr by Irms- lerce- l ~ d l o r d s within tlucc y c m Tram the datc of Imslcr. 'Scction 17E was inserted by s, 4 or thc Wcsr Bcngal Prc~uiscs Tcnancy (Amcnd~ncnI) Acr. 1970 (ivcsr Bcn:Act XVlII OF 1970). Tire West Bellgal Prerrrises Tetrmlcy Act, 1956. [West Den. Act (Clrapler III.41iirs atrd prorecdijlgs for evic~iot~.--Scc~ion 18.) for such period, the Coun shall direct he lenant, by ordcr, ro deposit in Cour~ the remaining amount together wilh such further amount as [hc Court may allow as costs of h e suit within such timc, no[ exceeding sixiy days lrom the dale of Ihc order. as h e Coun may lix. (4) If the [enan[ dcposits the amounts ordcred by [he Coun under clause (b) of sub-section (3) wihin thc time fixed by it, the Court shall allow the applicauon under su b-secdon ( I ) and sel aside fhc dccree for [lit rccovcry of posscssion passed in Ibe suit and dismiss rhc suit. (5) If thc tcnnnt fails to dcposit the amounrs ordcred by the Courl under clause (b) of subsecdon (3) within the timc fixed by il, his application undcr sub-secljon ( I) shall be dismjsscd with such cosls as the Court may award 10 the landlord. When ?