22. Landlord's remedy in cases of non-payment or insufficient payment.
(1)If the transferee referred to in sub-Section (2) of Section 20-(i)fails to pay or deposit the 'occupancy transfer fee' in compliance with the provisions of Sections 20 and 21 ; or(ii)pays or deposits as 'occupancy transfer fee' an amount which is less than that provided in sub-(1) of Section 21;the landlord shall be entitled-in case (i) within six months of the date of transfer or of taking possession of the land by the transferee, whichever, is later ;in case (ii) within six months of such payment or deposit,to apply to the lowest Civil Court having jurisdiction to try a suit for the recovery of the amount claimed, and recover from the transferee as penalty, in addition to the transfer fee or balance of the transfer fee, as in case may be, a sum not exceeding twice the amount payable as such transfer fee, as the Court may think fit, together with the costs of the application.(2)If, in an application made under the provisions of sub- Section (1), it appears to the Court that the landlord has made an application without reasonable cause, the Court may award to the transferee, by way of damages, such sum, not exceeding twenty- five per cent on the amount claimed by the applicant together with the costs incurred by the transferee, as it thinks fit.(3)If the landlord applies to the Civil Court for the recovery of the transfer fee, or the balance due in respect thereof, under the provisions of sub-Section (1), he shall not be entitled to recover the profits referred to in sub-Section (2) of Section 20, except the rent due.(4)An order under sub-Section (1) or under sub-Section (2) shall have the effect of, and be subject to the like appeal as, a decree.
