Section 17B in The West Bengal Premises Tenancy Act, 1956.
17B. [ Power of Court to set aside decree in cases where defence against delivery of possession struck out. [Section 17A first inserted by W.B. Act 29 of 1965, then present Sections 17A to 17C substituted for Section 17A by W.B. Act 30 of 1969.]
(1)Where a decree for the recovery of possession of any premises was passed before the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968, in a suit in which the defence against delivery of possession was struck out by an order under sub-section (3) of section 17, but the possession of such premises has not been recovered from the tenant by the execution of such decree, the tenant may, within a period of sixty days of such commencement, make an application to the Court which passed such decree to set aside such decree.Explanation. - Where such decree has been passed in the exercise of appellate jurisdiction, an application under this sub-section shall be made to the Court of first instance.(2)All proceedings in execution of such decree shall remain stayed during the period referred to in sub-section (I) and, where an application under that sub-section has been made by the tenant within such period, until such application is disposed of by the Court.(3)On receipt of an application under sub-section (1) the Court shall cause a notice thereof to be served on the landlord and after hearing such evidence as the parties may adduce, determine -(a)the total amount that the tenant was liable to deposit or pay in accordance with the provisions of sub-section (1) or sub-section (2) of section 17 during the period ending with the date of the decree for the recovery of possession, after giving credit for every deposit or payment made by the tenant in accordance with such provisions during such period; and(b)the total amount that the tenant remained liable to pay if he had to pay for the period commencing from the date of such decree and ending with the date of the order to be made under this sub-section a monthly sum equivalent to the rent at the rate at which it was last paid, after giving credit for all such sums that the tenant might have deposited in the Court or with the Controller or paid to the landlord for such period,and direct the tenant, by order, to deposit in the Court the aggregate of the amounts referred to in clauses (a) and (b) within such time, not exceeding sixty days from the date of the order, as the Court may fix.(4)If the tenant deposits the amount ordered by the Court within the time fixed by it, the Court shall allow the application under sub-section (1) and set aside the decree for the recovery of possession passed in the suit and the order made under sub-section (3) of section 17 striking out the defence against delivery of possession, and fix a date for proceeding with the hearing of the suit.(5)If the tenant fails to deposit the amount ordered by the Court within the time fixed by it, his application under sub-section (1) shall be dismissed with such costs as the Court may award to the landlord.]
