( 1 ) THIS appeal arises out of an order dated August 7, 1969. passed by K. L. Roy. J. in an application made by the defendant under Section 17 (2) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act ).

( 2 ) THE application was made by the defendant in the suit for ejectment filed by the plaintiff being suit No. 2964 of 1968 inter alia on grounds of default for, amongst others, determination of the amount of the rent that was payable by the defendant in respect of the premises in suit and for direction to deposit the said amount upon such determination within such time as the Court would think fit.

( 3 ) IN the said application the applicant also prayed for leave to deposit the rent for the months of July and December, 1968. together with the statutory interest and the rent for the month of January, 1969. with the Registrar. Original Side of this Court. The defendant also prayed for leave to deposit rent (for months subsequent to January, 1969, in the office of the Rent Controller, Calcutta, during the pendency of the suit.

( 4 ) UNDER the rules of the Original Side of this Court no leave of the Court was necessary for the purpose o