Section 17E(3) in The West Bengal Premises Tenancy Act, 1956.
(3)On receipt of an application under sub-section (1), the Court shall cause a notice thereof to be served on the landlord and if after considering such evidence as the parties may adduce, -(a)the Court is not satisfied that the suit in which the decree was passed had been brought by a landlord, who had acquired his interest in the premises by transfer, before the expiration of a period of three years from the date of his acquisition of such interest, the Court shall dismiss the application with such costs as the Court may award to the landlord; or(b)the Court is satisfied that the suit in which the decree was passed had been brought by a landlord who had acquired his interest in the premises by transfer before the expiration of a period of three years from the date of his acquisition of such interest, the Court shall determine, the amount which would have been payable by the tenant for the period commencing from the date of the decree and ending with the date of the order to be made under this sub-section, if during such period the tenant had to pay month by month, a sum equivalent to the rent at the rate at which it was last paid and after deducting therefrom all such sums as the tenant may have deposited in Court or with the Controller for such period, the Court shall direct the tenant, by order to deposit in Court the remaining amount together with such further amount as the Court may allow as costs of the suit, within such time, not exceeding sixty days from the date of the order, as the Court may fix.
