( 1 ) THIS appeal by the tenant defendant is directed against the judgment and decree passed by the Judge, 10th Bench, City Civil Court. Calcutta decreeing the plaintiff-respondent's suit for ejectment of the defendant-appellant. The respondent sued the appellant for eviction from premises No. 53, Mahatma Gandhi Road, Calcutta-9 on the ground of default in the matter of payment of rent as also for subletting a portion of the premises without the prior consent of the landlord, after service of a notice to quit. The plaintiff alleged that the defendant had failed or neglected to comply with the said notice served On him on September 26, 1966 and accordingly the suit was instituted on March 28, 1967- In the said suit the defendant entered appearance on May 17, 1967 and filed his written statement disputing the default and denying the alleged subletting. On May 23, 1967 the defendant filed an application under Section 17 (1) of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as 'the Act') for permission to deposit rent for the month of April and May 1967 and also for subsequent months. On the said permission being granted, the defendant depo