Section 17D(1) in The West Bengal Premises Tenancy Act, 1956.
(1)Where before the commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968, a decree for the recovery of possession of any premises was passed -(a)in a suit under this Act, in which no order had been made under sub-section (3) of section 17 striking out defence against delivery of possession, only on the ground referred to in clause (i) of sub-section (1) of section 13, or(b)in a suit under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, by reason only of clause (i) of the proviso to sub-section (1) of section 12 of that Act,but the possession of such premises had not been recovered from the tenant by the execution of the decree, the tenant may within a period of sixty days from the date of commencement of the West Bengal Premises Tenancy (Second Amendment) Act, 1959, make an application to the Court which passed the decree to set aside the decree.Explanation. - Where the decree was passed in the exercise of appellate jurisdiction, an application under this sub-section shall be made to the Court of first instance.
