Section 17E(1) in The West Bengal Premises Tenancy Act, 1956.
(1)Where before the commencement of the West Bengal Premises Tenancy (Second Amendment) Act, 1969, a decree for the recovery of possession of any premises was passed in a suit which had been brought by a landlord, who had acquired his interest in such premises by transfer, before the expiration of a period of three years from the date of his acquisition of such interest only on one or more of the grounds mentioned in clause (f) of sub-section (1) of section 13 as it was in force before such commencement, but the possession of such premises has not been recovered from the tenant by the execution of the decree, the tenant may, within a period of sixty days from the date of commencement of the West Bengal Premises Tenancy (Amendment) Act, 1970, make an application to the Court which passed the decree to set aside the decree.Explanation. - Where the decree was passed in the exercise of appellate jurisdiction, an application under this sub-section shall be made to the Court of first instance.
