Section 58(1) in The West Bengal Non-Agricultural Tenancy Act, 1949
(1)If, in any suit brought for the recovery of arrears of rent, it appears to the Court that the defendant has, without reasonable or probable cause, neglected or refused to pay the amount of rent due by him, the Court may award to the plaintiff, in addition to the amount decreed for rent and costs, such damages, not exceeding twelve and a half per centum on the amount of rent decreed, as it thinks fit:Provided that interest shall not be decreed when damages are awarded under this section :Provided also that where damages are awarded-(i)the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit, and(ii)interest on the arrear may be awarded from the date of the institution of the suit up to the date of payment at such rate as the Court directs.
