1. THE appellant-tenant was sued for ejectment by the respondents-landlords under the provisions of the West Bengal Premises Tenancy Act, 1956 on the ground of default in payment of rent, for constructing permanent structure on the suit premises without the consent of the landlords and for causing nuisance and annoyance, but the suit has been decreed only on the ground of default. The tenant in his written statement disputed the rate of rent and also denied having committed any default in payment of rent. But he, however, applied under section 17 (2) and (2a) of the West Bengal Premises Tenancy Act for the determination of the rate of rent and for permission to deposit the arrears of rent by instalments. The learned trial Judge by his Order No. 22 dated 18. 6. 1973 determined the amount of arrears and permitted the tenant to deposit the same in ten monthly instalments. The tenant paid some of the instalments in accordance with the Order, but failed to pay the remaining instalments in time as required by that Order. The land lords accordingly applied under 'section 17 (3) of the Act for striking out the defence of the tenant against delivery of possession and the learned Jud