(1.) THE points that have been raised in this Full Bench Reference arose out of the judgment and order of Mrs. Khastgir, J. passed on November 16, 1981.
(2.) SUCH points in substance are, whether the defendant whose defence against delivery of possession has been struck out under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 would still have the right to cross-examine the plaintiff's witness on all points inclusive of the points in respect whereof such defence has been struck out. The further point is whether, under such circumstances, the defendant a tenant would still have the right to call his own evidence on all points. Mr. Ghosh, however, appearing on behalf of the tenant respondent did not press the point because the learned Advocate was of the view that since such a plea in defence was taken away, there could be no sense in calling his own witness on such point. To my mind, Mr. Ghosh has rightly submitted so because there could be no two opinions about it after the defence against delivery of possession is struck out. In the absence of any issue to that effect the evidence of such witnesses would be of no avail.
(3.) THE question to be answered by the Full Bench has not been formulated by the learned Judge and, accordingly, in the fitness of things the observation of the learned Judge in making the reference may conveniently be set out as follows.