A. M. BHATTACHARJEE, J.

( 1 ) ON being sued for ejectment op the ground of default and also other grounds, the tenant petitioner filed an application under S. 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 S. 17 (2) of the West Bengal Premises Tenancy Act, the same are reproduced hereinbelow :" (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

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