and does not cease to be a valid deposit for the reason mentioned in sub section (2), the deposit 41 shall constitute payment of rent to the landlord as if the amount deposited has been valid legal tender of rent if tendered to the landlord on the date fixed by the contract for payment or rent when there is such a contract, or, in the absence of any contract, on the fifteenth day of the month next following that for which rent is payable." Mr. N. C. Chatterjee for the appellants contends that the effect of section 22(3) is that the deposit made by appellant No. 1 shall beheld to constitute payment by him to the landlord, and so, there can be no scope four invoking section 17(3) against him inasmuch/the basis of section 17(3), in substance, is that the tenant whose defence is sought to be struck out has committed a default in the payment of rent.