(1)If, in any suit brought for the recovery of an arrears of rent, it appears to the Court that the defendant has, without reasonable or probable cause, neglected or refused to pay the amount of rent due by him, the Court may award to the plaintiff, in addition to the amount decreed for rent and costs, such damages not exceeding twenty-five per cent on the amount or rent decreed, as it thinks fit:Provided that interest shall not be decreed when damages are awarded under this section :Provided also the when damages are awarded-(i)the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit under Section 56 ; and(ii)interest on the arrear shall be awarded from that date up to the date of payment at the rate mentioned in Section 56.(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 twenty-five per cent on the whole amount claimed by the plaintiff, as it thinks fit.
