1. THE landlord opposite party instituted a suit for recovery of possession of the flat held by the defendant petitioner as a tenant at a monthly rent of Rs. 450/- according to English calendar, on ground of default in payment of rent since March, 1973. The defendant petitioner on entering appearance filed a petition under section 17 (1) of the West Bengal premises Tenancy Act and has been depositing current rent or damages equivalent to rent every month. The petitioner also filed an application under section 17 (2) of the Act raising a dispute as to the amount of rent payable by him in view of the deliberate total stoppage of water in the tenanted premises by the landlord since January, 1973 and prayed for determination of the amount of rent payable by him. By order No. 19 dated May 19, 1975, the learned Munsif rejected the petitioner's prayer for stay of hearing of the petition under section 17 (2) of the act till the decision in the proceeding pending before the Rent Controller for stoppage of water. The court also rejected by order No. 20 of same date the application of the defendant petitioner for adducing evidence in support of his application under section 17 (2) on