SANKAR BHATTACHARJEE, J. ( 1 ) THIS revisional application raises a short but important question for determination. ( 2 ) THE petitioners brought an ejectment suit against the opposite parties herein on grounds of default, sub-letting, reasonable requirement and contravention of the provisions of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act. ( 3 ) AFTER entering appearance, the opposite parties filed an application under Section 17 (2) of the West Bengal Premises Tenancy Act, 1956 ('act' for short) raising the contention that they had advanced a sum of Rs. 19,600/- to the petitioners in three installments under a stipulation that until the entire sum was repaid, rent would be adjusted against the interest accruing on the said sum and since the amount was not repaid, they were under no obligation to pay any rent. Later on, by filing an application under Section 151, Code of Civil Procedure, they obtained an order from the trial court converting their application under Section 17 (2) to one under Section 17 (2a) of the Act. ( 4 ) WHEN the application came up for hearing, the petitioners took the plea that in the absence of an application under Section 17 (2), the application under Section 17 (2a) of the Act could not be entertained by the court but it did not find favour with the learned Munsif who allowed the application holding that the opposite parties were not defaulters and the question of granting installments did not therefore, arise. The above order is under challenge in this application under Section 115, Code of Civil Procedure. ( 5 ) NONE appears for the opposite parties to oppose the Rule. ( 6 ) MR. Mukherjee, appearing in support of the Rule argues that Sub-section (2a) of Section 17 has no application unless some amount is due from the tenant on account of rent and the tenant is unable to deposit or pay the amount so due within the time specified in Sub-section (1) or Sub-section (2 ). ( 7 ) IN order to appreciate the argument advanced by Mr. Mukherjee it is necessary to examine carefully the provisions of Sub-section (1) and (2) of the Act which precede Sub-section (2a) of Section 17. ( 7 ) IN order to appreciate the argument advanced by Mr. Mukherjee it is necessary to examine carefully the provisions of Sub-section (1) and (2) of the Act which precede Sub-section (2a) of Section 17. ( 8 ) SUB-SECTION (1) provides that where a suit or proceeding is instituted by the landlord on any of the grounds referred to in Section 13, the tenant shall, subject to the provisions of Sub-section (2), within one month of the service of the writ of summons on him or where he appears in the suit or proceeding without the writ of summons being served on him, within one month of his appearance deposit in court or with Controller or pay to the landlord an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made together with interest on such amount calculated at the rate of eight and one-third per cent per annum from the date when any such amount was payable upto the date of deposit. The rest of the Sub-section relating to deposit of an amount equivalent to rent for the subsequent months is not relevant for our present purpose. ( 9 ) SUB-SECTION (2) is attracted where there is any dispute as to the amount of rent payable by the tenant. Even in such a case, the tenant must deposit in court within the time specified in Sub-section (1) the amount admitted by him to be due from him together with an application to the court for determination of the rent payable. ( 10 ) ON receipt of such application the court shall, having regard to the rate at which rent was last paid, and the period for which default may have been made by the tenant make, as soon as possible within a period not exceeding one year, a preliminary order, pending final decision of the dispute specifying the amount, if any, due from the tenant and thereupon the tenant shall, within one month of the date of such preliminary order, deposit in court or pay to the landlord the amount so specified in the preliminary order. ( 11 ) UNDER Clause (b) of Sub-section (2) the court shall having regard to the provisions of the Act make, as soon after the preliminary order as possible, a final order determining the rate of rent and the amount to be deposited in court or paid to the landlord and either fixing the time within which the amount shall be deposited or paid or, as the case may be, directing that the amount already deposited or paid be adjusted in such manner and within such time as may be specified in the order. ( 12 ) SUB-SECTION (2a) which immediately follows Sub-section (2) is intended to give relief to the indigent tenant who, on account of financial stringency, is unable to make the deposit or payment of the sums payable by him under Sub-sections (1) or (2) within the time specified in those Sub-sections. Sub-section (2a) empowers the court, on an application made by the tenant under the Sub-section, to extend the time specified in Sub-section (1) or Sub-section (2) for the deposit or payment of any amount referred to therein and may also having regard to the circumstances of the tenant and also of the landlord and the total sum inclusive of interest required to be deposited or paid under Sub-section (1) on account of default in the payment of rent, permit the tenant to deposit or pay such sum in such installments and by such dates as the court may fix. ( 13 ) SUB-SECTION (2a), it would thus appear, may be invoked by the tenant only where some amount is payable by him on account of rent under Sub-section (1) or Sub-section (2) and he prays for extension of time fixed for the deposit or payment by the said Sub-sections or prays for installments for deposit or payment of the sum required to be deposited or paid under Sub-section (1 ). It, therefore, necessarily follows that an application under Sub-section (2a) cannot be entertained unless some amount on account of rent is found due from the tenant under Sub-section (1) or Sub-section (2 ). If nothing is due from the tenant on account of rent, the question of extension of time for making the deposit or payment or grant of installments does not arise at all. If nothing is due from the tenant on account of rent, the question of extension of time for making the deposit or payment or grant of installments does not arise at all. ( 14 ) THE learned Munsif, it seems, did not carefully examined the provisions of Sub-sections (1), (2) and (2a) and overruled the objection raised by the petitioners without recording any reason. He also overlooked the fact that an order for deposit or payment by installments can be made only in respect of the sum found due under Sub-section (1) and not under Sub-section (2 ). ( 15 ) SINCE the application under Section 17 (2a) was not maintainable in law, the impugned order passed by the learned Munsif is unsustainable and liable to be set aside. ( 16 ) IN the result the Rule is made absolute, and the impugned order is set aside. The learned Munsif is directed to dispose of the suit as expeditiously as possible. Let the records be sent down immediately. Rule made absolute.