- (1.) Two questions of law seemingly of some importance arise for our consideration in this appeal, which are : 1) Whether the deed of lease for a fixed period shall take effect from the date of execution thereof or anterior thereto for any purpose whatsoever? 2) Whether an application for amendment of the written statement explaining or resiling from an admission made in the original written statement can be allowed?
(2.) The basic fact of the matter is not in dispute.
(3.) The defendant is the appellant and tenant under the plaintiff/respondent. The plaintiff/respondent filed a suit for eviction on or about 26.4.1989 purported to be in terms of the provisions of the West Bengal Premises Tenancy Act (hereinafter called and referred to, for the sake of brevity, as "the said Act") on the ground of: (1) default, (2) subletting of the premises without the consent of the landlord, and (3) unauthorised construction of the mezzanine floor.;