1. THIS revisional application is at the instance of the defendant and it is directed against an order dated April 24, 1981 passed by the learned Munsif of Raiganj in O. C. Suit no. 222 of 1977. Sm. Sudhangshu Bala mitra as plaintiff instituted the said suit on August 29, 1977. The writ of summons was served upon the defendant on September 20, 1977. The defendant appeared on September 26, 1977. The defendant filed his written statement on April 11, 1978. The plaintiff filed an application under Section 17 (3) of the West Bengal Premises Tenancy Act (hereinafter referred to as the Act) on July 3, 1980. In this application the plaintiff sudhangshu Bala Mitra alleged that the defendant did not deposit or pay any amount referred to in Section 17 (1) or 17 (2) of the Act within the time specified therein. The defendant did not also pray for extension of time or instalment under sec. 17 (2a) of the Act and, as such the defence against delivery of possession was liable to be struck out under Sec. 17 (3) of the Act. Sudhangshu Bala Mitra died on December 12, 1980 and the opposite party was substituted in her place. On January 5, 1981 the defendant filed an objection against the app