SYNTHETIC PLYWOOD INDUSTRIES P LTD Vs. MANJULIKA BHADURI

JUDGEMENT

(1.) The revisional application under section 115 of the Code of Civil Procedure has been assigned to us at the instant of N.K. Bhattacharyya, J. for answering the following questions framed by His Lordship:-

(2.) The facts giving rise to the instant application as follows: The opposite parties filed a suit for eviction against the present petitioner on the ground inter alia of default in payment of rent under the provision of west Bengal Premises Tenancy Act. (Act) After entering appearance in the aforesaid suit the present petitioner filed an application under section 17(2) of the Act thereby disputing the relationship of landlord and tenant between the parties. In the written statement filed by the petitioner the same dispute was raised and consequently and issue viz. Issue No, 10 was framed to the following effect: "was there any relationship of landlord and tenant between the plaintiff and defendant No. 1 Company in respect of the suit flat until its alleged determination."

(3.) At the time of hearing of the aforesaid application under section 17(2) of the Act, the aforesaid issue was also taken up for hearing and evidence was led for the disposal of the aforesaid application and the issue. Ultimately by the order impugned, the learned Trial Judge held petitioner was not a defaulter in payment of rent and no amount was payable by it. The issue as to relation ship of landlord and tenant between the parties was however answered in affirmative in favour of the landlord.