J L VARANDANI Vs. ASHALATA MUKHARJEE

JUDGEMENT

(1.) We heard Dr. Y. S. Chitale, learned counsel for the appellant for quite some time. We do feel that the construction of proviso to sub-sec. 4 of sec. 17 of the West Bengal Premises Tenancy Act, 1956 does raise questions of general importance which deserve a hearing by a bench of three Hon. Judges. We say that particularly for the reason that the analogous provision in sec. 14 (2) of the Delhi Rent Control Act, 1958 has been interpreted in JAGAN NATH V. RAM KISHAN DASS and ANR. and construed in a narrow and technical sense which, in our opinion, defeats the very purpose and deject of the provision.