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State of West Bengal - Section

Section 82 in The West Bengal Non-Agricultural Tenancy Act, 1949

82. Inferior tenant paving into Court may deduct from rent. -

When a tenancy to which the provisions of this Act apply is advertised for sale-
(a)in execution of a decree for arrears of rent due in respect of such tenancy from a superior non-agricultural tenant defaulting, or
(b)in execution of certificate signed under the Bengal Public Demands Recovery Act, 1913 for arrears of rent due in respect of such tenancy from a superior non-agricultural tenant defaulting,
or when such sale is set aside under rule 89 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, and an inferior non-agricultural tenant pays money into Court in order to prevent or set aside the sale, as the case may be, such inferior non-agricultural tenant may, in addition to any other remedy provided for him by law, deduct the whole or any portion of the amount so paid from any rent payable by him to his immediate landlord, and that landlord, if he is not the defaulter, may, in like manner, deduct the amount so deducted from any rent payable by him to his immediate landlord, and so on until the defaulter is reached.