M. BHATTACHARJEE J.

( 1 ) ON being used for ejectment on the ground of default and also other grounds, the tenant petitioner filed an application under Section 17 (2) and (2a) of the West Bengal. Premises Tenancy Act disputing her liability to pay any rent on the ground that it was agreed by the landlord-opposite party that the cost of repairs made by her in respect of the suit-premises would be adjusted towards the rent and that on such adjustment no amount of rent would be due from or payable by her. The application having been rejected by the Trial Court, the tenant has moved this Court in revision and we have heard the learned Counsel appearing both for and against the revision at great length. As the case at hand involves a proper construction of the provisions of Section 17 (2) of the West Bengal Premises Tenancy Act, the same are reproduced herein below:-" (2) If in any suit or proceeding referred to in sub-section (1) there is any dispute as to the amount of rent payable by the tenant, the tenant shall, within the time specified in sub-section (1) deposit in court the amount admitted by him to be due from him together with an application to the court for determination of the rent payable. No such deposit shall be accepted unless it is accompanied by an application for determination of the rent payable. On receipt of such application, the court shall - (a) Having regard to the rate at which rent was last paid, and the period for which default may have been made by the tenant, make, as soon as possible within a period not exceeding one year, a preliminary order, pending final decision of dispute, specifying the amount, if any due from the tenant and thereupon, the tenant shall, within one month of the date of such preliminary order, deposit in court or pay to the landlord the amount so specified in the preliminary order, (b) Having regard to the provisions of this Act, make, as soon after the preliminary order as possible, a final order determining the rate of tent and the amount to be deposited in court or paid to the landlord and either fixing the time within which the amount shall be deposited or paid or, as the case may be, directing that the amount already deposited or paid to be adjusted in such manner and within such time as may be specified in the order".

( 2 ) A literal construction of the above-quoted sub-section (2) may give rise to the impression that the, provisions thereof would operate only when a portion of the rent alleged to be in arrears is admitted by the tenant to be due from and payable by him as the sub-section provides that the tenant shall deposit in Court the amount admitted by him to be due from him along with the application under that sub-section for determination of the rent payable. But where, as here the tenant asserts that as per agreement with the landlord no amount of rent is due from or payable by him as the entire amount alleged to be in arrears stands adjusted towards the cost of repairs undertaken by the tenant in respect of the suit-premises, there is obviously a "dispute as to the amount of rent payable by the tenant" within the meaning of Section 17 (2 ). And in such a case, no amount being admitted by the tenant to be due from him, no liability to deposit any amount admitted by him can, obviously arise. Lex non-cogit ad impossibilia and a tenant can not obviously deposit any amount as admitted by him to be due where he in fact admits none and asserts that no amount is due.

( 3 ) WE are inclined to think that where the tenant denies his liability to y any amount as rent and does not admit any portion thereof to be due from him, he is nevertheless raising a "dispute as to the amount of rent payable" by him within the meaning of Section 17 (2), of the Act and the tenant is, therefore, entitled to ask that, notwithstanding his case of 'no-liability' to pay any amount, his liability, if any, to deposit any amount towards rent, if payable, be determined by the Court under Section 1

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