( 1 ) THIS reference to the Special Division Bench arises out of a Civil Revision Case relating to proceedings under sub-sections (2) and (3) of Section 17 of the West Bengal Premises Tenancy Act, 1956. The opposite party landlord instituted a suit against the petitioner tenant on 14th September, 1960 for recovery of possession of premises No. 26/1/1c, Rupnarayan Nandan Lane, in P. S. Bhowanipur, Dist. 24 Parganas, on the ground in clause (k) of sub-section (1) of Section 13 of the West Bengal Premises Tenancy Act, 1956. The writ of Summons in the suit was served upon the tenant on 30th October, 1960 and the tenant entered appearance in the suit on 4th November, 1960. The tenant deposited with the Rent Controller the rent for the months of November and December 1960 on 14th December 1960 and 11th January 1961 respectively. On 17th January 1961 the tenant filed his written statement. On 27th January 1961 the landlord filed an application under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956, for striking out the defence of the tenant. On 10th March 1961 the tenant filed an application under Section 17 (2) of the Act for determination or adjustment of rent.