JUDGMENT

Dharmadhikari, J.-Leave to appeal is granted.

2. The parties represented in the case are finally heard on merits of the appeal.

3. In the suit filed for eviction of the appellant from suit premises under the provisions of Section 17(2) & (2A) of the West Bengal Premises Tenancy Act 1956 [hereinafter referred to as Act], the application for amendment has been rejected by the trial court and the order has been upheld by the High Court of Calcutta in revision under Section 115 of the Code of Civil Procedure. The appellant seeks to resist the eviction suit on the ground that there exists no relationship of landlord and tenant between the parties. In the application filed under Section 17(2) & (2A) of the Act initially in paragraph 10, it was stated that Alamohan Dass was the licensee of the suit premises.

4. By the amendment application, permission was sought to delete original paragraph 10 to be substituted by new paragraph 10 to make an averment that Alamohan Dass was merely a recorded permissive occupier of Dag No. 150 and he was not in actual possession of Dag No. 148 and was never recorded as permissive owner in record of rights in respect of that suit property. It was t