This appeal arises out of a suit instituted by the plaintiff respondent for ejectment of the defendant/appellant from the disputed premises and for recovery of arrears of rent and for damages.

2. The plaintiff's case was that the defendant was a monthly tenant in respect of the suit premises at a rental of Rs. 40/- per month payable according to English calendar month. The defendant defaulted in payment of rent since October 1968. The defendant made additions and alterations in the suit premises by fixing a wooden partition and constructing a pucca partition in the suit premises without knowledge and consent of the landlord. A combined notice under s. 106 of the Transfer of Property Act and s. 13(6) of the West Bengal Premises Tenancy Act was served on the defendant.

3. The defendant contested the suit by filing a written statement contending inter alia that he was not a defaulter as alleged and that he had deposited rent since January to April, 1969 with the Rent Controller and filed a petition under s. 17(2A) of the West Bengal Premises Tenancy Act in respect of the arrears of rent from October, 1968 to December, 1968. It was alleged that the defendant constructed a wooden