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State of West Bengal - Section

Section 17 in Calcutta Thika Tenancy Act 1949

17. Deposit of rent on refusal of the landlord to accept.

—(1) Where a landlord refuses to accept any rent the thika tenant may, by an application in writing containing such particulars as may be prescribed,—(a)deposit such rent with the Controller, within the period specified in sub-section (2), and(b)unless the landlord signifies by notice in writing to the thika tenant his willingness to accept any subsequent rent which becomes due from such tenant, also deposit such rent with the Controller within the period within which it is payable under the provisions of section 12 [ xxx ] [Omitted by West Bengal Act 24 of 1959.].Explanation.—A landlord shall not for the purposes of this sub-section be deemed to have refused to accept any rent unless the rent is remitted by the thika tenant by postal money order within the time specified and in the manner referred to in section 13 and the rent so remitted is returned to the thika tenant by the postal authorities as undelivered either on account of the landlord having refused to accept payment thereof or for any other cause.
(1a)[ The application referred to in sub-section (1) shall be accompanied by a copy thereof along with the prescribed fee for sending such copy to the landlord by registered post with acknowledgement due.] [Subsection (1a) inserted by West Bengal Act 39 of 1959.]
(2)The deposit referred to in clause (a) of sub-section (1) shall be made within a fortnight of the date on which the rent remitted by postal money order is returned to the thika tenant by the postal authorities as undelivered.