Judgment

K.JAYACHANDRA REDDY,J.

(1) THE matter arises under the West Bengal Premises Tenancy Act, 1956 (Act for short). The appellant is the tenant occupying the premises belonging to the respondent on a monthly rent of Rs. 475.00. The respondent landlady filed a Suit No. T.S. 84 of 1973 on the ground of default of rent for the period from May to August 1973. The appellant deposited the rent and made an application under S. 17(2 of the Act. The trial court vide its order dated 27/02/1974 held that the rent payable is only Rs. 450.00 per month and directed the appellant to deposit the balance of arrears of rent within 15 days. At this stage a compromise memo was filed and the suit was compromised in terms of the compromise memo. In the memo it was mentioned that the default was of the first instance and that there would be no decree for Khas possession. It appears the appellant again committed default in payment of rent from June to December 1975 (both months inclusive). The respondent landlady filed Title Suit No. 3 of 1976 after giving notice for eviction. In that suit the appellant filed a petition under S. 17(2 and S. 17(2-A) of the Act. By Order No. 26 date