2. [ When Court may award to plaintiff additional damages not exceeding twenty-five per cent.] [In the application of this Act to the District of Darjeeling for the word 'twenty-five' substituted the words 'twelve and a half' by Bengal Regulation 4 of 1945.] - In any suit [* * * *] [The words 'hereafter to be brought' repealed by Act 1 of 1903.] for rent under Act X of 1859, if it shall appear to the Court that the defendant has without reasonable or probable cause neglected or refused to pay the amount due by him, and that he has not before the institution of the suit tendered such amount to the plaintiff or his duly authorized agent, or in case of refusal of the plaintiff or such agent to receive the amount tendered, has not deposited such amount with the Collector before the institution of the suit in manner hereinafter mentioned, it shall be lawful for the Court to 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 of rent decreed, as the Court may think fit.
These damages, if awarded, as well as the amount of rent and costs decreed in the suit, shall carry interest at the rate of [six and a quarter] [Words within square brackets Substituted for the word 'twelve' by Bengal Act 3 of 1939.] per cent, per annum from the date of decree until payment thereof, and shall be recoverable from the defendant in like manner as sums decreed to be paid by defendants under Act X of 1859 are recoverable.
