(2)Where the landlord exercises the right of recovery conferred on him by sub-section (1), or sections 27, 29, 30 or 31 and he had received,-(a)any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the lease ;(b)any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, lease bears to the total period of contract or agreement or lease:Provided that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of twelve per cent, per annum on the amount which he has omitted or failed to refund.
