ALOKA GHOSE Vs. INSPECTOR GENERAL OF POLICE WEST BENGAL
LAWS(CAL)-1961-11-8
HIGH COURT OF CALCUTTA
Decided on November 28,1961

ALOKA GHOSE Appellant
VERSUS
INSPECTOR GENERAL OF POLICE WEST BENGAL Respondents

JUDGEMENT

- (1.) THIS Rule is directed against an order of the learned Subordinate Judge, directing, inter alia, that the plaintiff's application under section 17 (3) of the West Bengal Premises Tenancy Act, 1956, for an order under the said sub-section of the aforesaid section be taken up, in the circumstances of this case, at the time of hearing of the suit. The suit in question is a suit for ejectment. The plaintiff's above application was made on allegations of default in the payment of rent on the part of the defendants.
(2.) THE defence, inter alia, was that there was no relationship of landlord and tenant between the parties and the suit was not maintainable and a further point was specifically raised that the premises was a requisitioned premises and the requisition was still continuing.
(3.) ON behalf of the plaintiff petitioner, Mr. Mullick has pressed before us that the application under section 17 (3) cannot be postponed until the hearing of the suit simply because a defence on the above line has been raised. We are inclined to accept this submission of the petitioner. Applications under section 17 of the above Act are meant to be disposed of at a preliminary stage of the suit; otherwise their very purpose would be frustrated. Even if it involves consideration of a very material defence to the suit, that is not necessarily ' a ground for deferring the hearing of the application until the hearing of the suit. It may be that the Court, at the stage of the section 17 (3) application, will decide the above question, which forms a material issue in the suit itself, only prima facie and for purposes of the said proceeding, leaving it open for a final decision at the time of hearing of the suit. It may also be that the Court may take up the issue upon that question along with the application under section 17 (3) and decide the two together fully so that the decision on that issue will be final for purposes of the suit also. But there is no justification for deferring consideration of the application under section 17 (3) simply because of the above defence or circumstances until the trial of the suit;


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