Section 58 in The West Bengal Non-Agricultural Tenancy Act, 1949
58. Power to award damages on rent withheld without reasonable cause, or to defendant improperly sued for rent. -
(1)If, in any suit brought for the recovery of 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 twelve and a half per centum on the amount of rent decreed, as it thinks fit:Provided that interest shall not be decreed when damages are awarded under this section :Provided also that where 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, and(ii)interest on the arrear may be awarded from the date of the institution of the suit up to the date of payment at such rate as the Court directs.(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 twelve and a half per centum on the whole amount claimed by the plaintiff, as it thinks fit.Liability for rent on change of landlord or after transfer of tenancy.
