Section 58(2) in The West Bengal Non-Agricultural Tenancy Act, 1949
(2)If, in any suit brought for the recovery of arrears of rent, it appears to the Court that the plaintiff has instituted the suit without reasonable or probable cause, the Court may award to the defendant, by way of damages, such sum, not exceeding twelve and a half per centum on the whole amount claimed by the plaintiff, as it thinks fit.Liability for rent on change of landlord or after transfer of tenancy.
