Section 7 in The West Bengal Premises Tenancy Act, 1997
7. When a tenant can get the benefit of protection against eviction.
(1)(a)On a [suit] [Word substituted for the word 'proceeding' by W.B. Act 12 of 2006.] being instituted by the landlord for eviction on any of the grounds referred to in section 6, the tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with [the Civil Judge] [Words 'or the Civil Judge' first inserted by W.B. Act 6 of 2005, then, the words within third brackets substituted for the words 'the Controller or the Civil Judge' by W.B. Act 12 of 2006.] all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per cent per annum.(b)Such payment or deposit shall be made within one month of the service of summons on the tenant or, where he appears in the [suit] [Words substituted for the word 'proceeding' by W.B. Act 12 of 2006.] without the summons being served upon him, within one month of his appearance.(c)The tenant shall thereafter continue to pay to the landlord or deposit with [the Civil Judge] [Words 'or the Civil Judge' first inserted by W.B. Act 6 of 2005, then, the words within third brackets substituted for the words 'the Controller or the Civil Judge' by W.B. Act 12 of 2006.] month by month by the 15th of each succeeding month, a sum equivalent to the rent at that rate.(2)If in any [suit] [Words substituted for the word 'proceeding' by W.B. Act 12 of 2006.] referred to in sub-section (1), there is any dispute as to the amount of the rent payable by the tenant, the tenant shall, within the time specified in that sub-section, deposit with [the Civil Judge] [Words 'or the Civil Judge' first inserted by W.B. Act 6 of 2005, then, the words within third brackets substituted for the words 'the Controller or the Civil Judge' by W.B. Act 12 of 2006.] the amount admitted by him to be due from him together with an application for determination of the rent payable. No such deposit shall be accepted unless it is accompanied by an application for determination of the rent payable. On receipt of the application, [the Civil Judge] [Words 'or the Civil Judge' first inserted by W.B. Act 6 of 2005, then, the words within third brackets substituted for the words 'the Controller or the Civil Judge' by W.B. Act 12 of 2006.] shall, having regard to the rate at which rent was last paid and the period for which default may have been made by the tenant, make, as soon as possible within a period not exceeding one year, an order specifying the amount, if any, due from the tenant and, thereupon, the tenant shall, within one month of the date of such order, pay to the landlord the amount so specified in the order:Provided that having regard to the circumstances of the case, an extension of time may be granted by [the Civil Judge] [Words 'or the Civil Judge' first inserted by W.B. Act 6 of 2005, then, the words within third brackets substituted for the words 'the Controller or the Civil Judge' by W.B. Act 12 of 2006.] only once and the period of such extension shall not exceed two months.(3)If the tenant fails to deposit or pay any amount referred to in sub-section (1) or sub-section (2) within the time specified therein or within such extended time as may be granted, [the Civil Judge] [Words substituted for the words 'the Controller' by W.B. Act 6 of 2005.] shall order the defence against delivery of possession to be struck out and shall proceed with the hearing of the [suit] [Words substituted for the word 'proceeding' by W.B. Act 12 of 2006.].(4)If the tenant makes deposit or payment as required by sub-section (1) or sub-section (2), no order for delivery of possession of the premises to the landlord on the ground of default in payment of rent by the tenant, shall be made by [the Civil Judge] [Words substituted for the words 'the Controller' by W.B. Act 6 of 2005.], but he may allow such cost as he may deem fit to the landlord:Provided that the tenant shall not be entitled to any relief under this sub-section if, having obtained such relief once in respect of the premises, he again makes default in payment of rent for four months within a period of twelve months or for three successive rental periods where rent is not payable monthly.
