( 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:- (A)whether in deciding a matter under section 17 (2) of the West Bengal Premises Tenancy Act touching the question of relationship or existence of landlord and tenant and an issue pertaining thereto can be decided as a preliminary issue under Order 14 Rule 2 of Civil Procedure while disposing of the application under section 17 (2) of the West Bengal premises Tenancy Act? (b)whether West Bengal Premises Tenancy Act, being a special statute, and particularly section 17 (2) of the Act, being a special provision in that statute will override and get precedence over the general provision under Order 14 Rule 2 of the Code of Civil Procedure? (c)whether the law laid down in decisions of Aloka Ghosh v. Inspector General reported in 66 Calwn 302, Union of India v. N. K. Chowdhury reported in 79 CWN 371, Parul Banerjee v. Anand Kumar Agarwalla reported in 1979 (2) CLJ 297, Biswa Bhusan Bose v. Kusum Agarwalla reported in 1981 (1) CLJ 1 and Nanda Gopal Das v. Rab