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State of West Bengal - Section

Section 17A in The West Bengal Premises Tenancy Act, 1956.

17A. Power of Court to set aside order striking out defence against delivery of possession.

(1)Where in a suit pending at the date of commencement of the West Bengal Premises Tenancy (Amendment) Act, 1968, the defence against delivery of possession was struck out by an order made under sub-section (3) of section 17 before such date, the tenant may, within a period of thirty days from such date, make an application to the Court which made such order to set aside such order.
(2)On receipt of an application under sub-section (1), the Court shall determine, after giving credit for every deposit or payment made by the tenant, in accordance with the provisions of sub-section (1) or sub-section (2) of section 17, the total amount which the tenant remained liable to deposit or pay in accordance with such provisions up to the end of the month previous to that in which the order under this sub-section is to be made and direct the tenant, by order, to deposit such amount in the Court within a period of thirty days from the date of the order.
(3)If the tenant deposits such amount within such time, the Court shall allow the application under sub-section (1) and set aside the order made under sub-section (3), of section 17 striking out the defence against delivery of possession, and permit the tenant to defend the claim for delivery of possession.
(4)If the tenant fails to deposit such amount within such time, his application under sub-section (1) shall be dismissed with such costs as the Court may award to the landlord.[[Sub-section (2) substituted by W.B. Act 27 of 1959, which was earlier as under :-'(2) If in any suit or proceeding referred to in sub-section (1) there is any dispute as to the amount of rent payable by the tenant, the Court shall determine, having regard to the provisions of this Act, the amount to be deposited or paid to the landlord by the tenant in accordance with the provisions of sub-section (1).'.]]
Section 17A first inserted by W.B. Act 29 of 1965, then present sections 17A to 17C substituted by W.B. Act 30 of 1969. Previous section 17A was as under :-"17A. Power of Court to set aside decree or order for ejectment in certain cases.- (1) Where any decree or order for the recovery of possession of any premises has been made in a suit or proceeding in which the defence against delivery of possession was struck out by an order under sub-section (3) of section 17, but the possession of such premises has not been recovered from the tenant by the execution of such decree or order, the tenant may make an application to the Court which made such decree or order within a period of sixty days from the commencement of the West Bengal Premises Tenancy (Amendment) Ordinance, 1965, for setting aside such decree or order.(2) All proceedings in execution of such decree or order shall remain stayed during the period referred to in sub-section (1) and, where an application under that sub-section has been made by the tenant within such period, until such application is disposed of by the Court.(3) On receipt of an application under sub-section (1) the Court shall cause notice thereof to be served on the landlord, and if after considering such evidence as the parties may adduce, -(a) the Court is satisfied that the order Striking out the defence against delivery of possession would have been made in the suit or proceeding under sub-section (3) of section 17 even if the West Bengal Premises Tenancy (Amendment) Act, 1965, had been in force on the date on which such order was made, the Court shall dismiss the application with such costs as the Court may award to the landlord ; or(b) the Court is satisfied that no order striking out the defence against delivery of possession would have been made in the suit or proceeding under sub-section (3) of section 17 if the West Bengal Premises Tenancy (Amendment) Act, 1965, had been in force on the date on which such order was made, the Court shall determine the amount which would have been payable by the tenant for the period commencing from such date and ending with the date of the order to be made under this sub-section, if 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 or paid to the landlord for such period, the Court shall direct the tenant, by order, to deposit the remaining amount in Court within thirty days from the date of the order.(4) If the tenant deposits the amount ordered by the Court under clause (b) of sub-section (3) within the time specified therein, the Court shall allow the application under sub-section (1) and set aside the decree or order made in the suit or proceeding and the order made under sub-section (3) of section 17 striking out the defence against delivery of possession, and fix a date for proceeding with the hearing of the suit or proceeding.(5) If the tenant fails to deposit the amount ordered by the Court under clause (6) of sub-section (3) within the time specified therein, his application under sub-section (1) shall be dismissed with such costs as the Court may award to the landlord.'.