( 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 e igh~ 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 ) o r thc WcsI Bcngal Przrniscs Tcnancy (Arncndlnenl) Aci. 1959 (IVesr Bcn. Aci X X V l l 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 ~r ru>wcr ive 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 l t l q n 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 a f e r 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 ) orsubsection (21, on rhe applicalion of [he lenanl, the Court may, by order,-
(a) exlend the lime specified in sub-section ( 1 ) or subsection (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 subseclion (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 subsection (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
1968. 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 subseclion 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 subsection (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 i n 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 subsection (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 i r 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 subseclion ( I) and set asidc rhc dccrcc for the recovery of possession passed in rhc su i~ 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 subscclion ( I ) or subscclion (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 wa 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 h i s 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~i l 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 i n 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 i n 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 i n 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 f ix .
(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 i t . 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 I 3 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 i s 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 i f 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 i n 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 Irmslercel ~ 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 I I I . 4 1 i i r s 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) I f 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 ? 18. ( 1 ) Wherc h c landlord obtains dclivery of possession of any lcnwi I5 premises from ~ h c tenant in pursuance of n dccrce obtained '[under enlillrd lo KsIonliOn clause ( f ) or cIausc (ff)] of sub-scction (1) of section 13 and the building and or rebuilding or additions and alterations are no1 commenced or ~ h c cornpcnsa- [ion, premiscs are not accupicd by the landlord or any person for .whose benefit Ihc prcrnises are heId, as thc case may bc, within six months of rhe dale of vacation of the premiscs by such Len*, or [he premises hving bccn so occupied by rhe landrord or any person for whose benefit he prcmises arc held ?[are re-let widin '(ten years)) of Ihc date of such occupation to any person other than such tenant without thc permission of the Controller obtaincd in the prescri bcd manner, the Con~o l l c r may, on the applicn~ion of such lenant made wihihin nine monlhs of Ids vacaung the premiscsJ[or f i e r e rhc prcrnises have becn re-le~ wirhin "ten ycars).
wilhin thec monfis of such rc-Ic~ling] and aftcr giving the landlord an opporlunily of bcing heard, by ordcr direct the landlord to put such [enant in possession of the premises, il no! re-Iet. wirllin Eourtecn days of the date of thc order, or LO pny him such compensation as may be deemed adcqurrte by thc Conlroller i n case the prerniscs have been re- let.
(2) If upon an order being madc under sub-scc~ion (1)-
(a) he landlord fails or neglecls to deliver posscssion of [he prcmises to h e tenant wihin the rime specified, then the C o n ~ o l l c r shall exccut the order and put the tenant in posscssion of the premises and in tha~ cveat the tenant shall be liablc l o pay fair rent in rcspecl of Ihc prcrnises from the dalc of delivery of such possession;
'The words. kttcrs md bnckcls within thc squvc bnckcts were subsu~u~cd Br lht word. feller and bnckets "under ctnusc (f)" by s. 6(1) of dhc West Bengd Prcmiscs Tenancy (Scmnd Amendrncn!) Acf, 1969 (Wcsi Bcn. Act M X I V of 1969).
'Thc wards wilhin lhe squm bnckcu werc subs~irurcd rotthe words "m rc-lcl within 5 1 ~ months" by 5 . 6(2), ibid.
T h e words within the T I b m k ~ s wcrc subsututcd Tor Ihe words "lwo ycars" by s. 511) nl thc IVesl Bcngal Prerniscs Tcnwcy (Arnendmcnr) Act, 1970 (West Bcn.
Acr XVlIl of 1970).
'The words within the squarc b n c k c ~ wcrt insfncd by s. 6(3) of h c Wesl Bengd Premises Terwncy (Second Amcndn~n~) Act. 1969 (Wcsi Ben. Acr XXXlV of t 969).
Tire West Berigal Pren~ises Tctrotlcy Acr, 1956.
{Chnprrr ill.-Sriirs atrd proceedirrgs for evic~iorr .Sect io~~ 18A.)
(b) thc tenant fai ls or neglecls to lakc possession of the premiscs, then [he ordcr made by tllc Controller under sub-scclion (1) shall sund vacaled and the lenant shall hc liablc ro pay [he landlord by way of cornpensadon a sum equivalent lo h c .
fair renl of the prcmiscs calculated from lhc darc of his application undcr sub-secuon (1 ) up to thc dnlc on which Ihe m a n 1 should have rakcn posscssion, and sucl~ casb or Ihc proceedings as may be assessed by rhe Controller and Coniroller shall makc an ordcr accordingly.
'(3) Withour prejudice lo lhe provisions of subsection ( l), where thc landlord obraining delivery of posscssion oi any prenlises from h c tenant in pursuance or a dccrcc made on the ground rncntioned in clause (ff) of sub-sccrion ( I ) of sec~ion 13 was, at thc lime of obtaining such delivery of posscssion, in occupalion of some othcr prcmises as owncr thercof, hc shall not, wilhin [en years irom lhc dalc of his obtaining such dclivcry of possession, lel such ohcr prcmises lo any person othcr rhan [he lenant from whom such dcIivery of possession had bccn obtained, excepi with thc pcrmissian of (tic Con~roller obraincd in thc prescribed mrrnncr; and i n c s c the landlord lets such othcr prcmiscs lo any perSon olher lhan such tenant in uontravcntion of [he provisions of rhis subsection, [hc Controller may, on the application or such tenam made within three months OF such letting and a k r giving [he landlord an opportunity of bcing hcard, by ordcr, direct the landlord to pay 10 such renanl such compensauon as rnG be deemed adcquarc by the Controller in all circumstances of [he case.
?18A. ( I ) Wherc ~ h c Courl p ~ s s c s a decree for recovcry of possessjon of any premises on the ground mcntioncd in clause (fj of suh-secrion (1) of scction 13, i t shall specify the period within which Ihc building or re-building, or thc additions or alterations, on or to such premises shall be complctcd and may on thc application of h e landlord extend such pcriod rroni umc to rime for guod and suificien~ rcuons.
(2) On ~hecornple~ion o f ~ h c building or re-building, or h e addilions or id ten~ions. on or ro such prcmiscs h c ConuoIler may, on the application of lhc tcnant who has bcen ejected from such premises madc within lhree months of the date of such complelion and a r m giving [he landlord an opporluniiy orbcing heard, by ordcr d i rec~ h e landlord to put such rcnanl in possession of such premises or such put thcrcof as thc Controller may spccify in his order within [ourteen days of ~ h c dale of h e order.
'Sub-section (3) was inserted by s. 5(2) of thc \Val Bcngd Prcmises ~cnancy (ArncndulcnL) Acl, 1970 C\i'cs~ Bcn. ACI XVIII of 1970).
Resronlion of rcnmcy where decrcc lor rccovery oiposscjsion is pased under clause (0 of subscc~ion ( 1 ) of scclion 13.
'Scction 18X was inscned by s. 7 of thc Wcsr Bcngal Prcrniscs Tcnancy (Second Ancnd~nen!) Acr. 1969 (\Vest Bcn. ACI XXXIV of 1969).
Provisions rc~arding noticc or giving up posscss~on by tcnanls under cunlnctr.
S ~ c , i a l prov~sioos reg,xding junsdiclion or Cour~s lor m i l of suirs for ~ Z S & L 1 0 1 1 .
T f ~ e West Bellgal Prerriises Tettat~c,~ Acr, 1956.
[West Ben. Act (Clznpter Ill.--Slrirs alzd proceerlirigs for evictio/~.-Sections 19, 20.
-Cl~apter IV-Deposir of wrr~.--S~ctior~ 21.)
(3) If upon an order being madc undcr sub-section (Z), [he landlord fails or neglccts 10 delivcr posscssion of such premises or such part thereof as is spccificd in ~ b c ordcr to thc tenant within the time specified, then d ~ e Conuollcr shall cxecurc thc ordcr and put the tenanl in possession of such premises or sucl~ par[ rhcrcof and in lhat event the tenant shall be Iiablc to pay Fair renr i n respect of such prcmiscs or such part thereof from thc dalc of dclivcry of such possession.