Dutt, J.

This Rule is at the instance of the plaintiff and it is directed against order No. 60 dated January, 20, 1979 of the Subordinate Judge, 1st Court Alipore, by the said order the learned subordinate judge allowed the application of the defendant under section 17(2) and 17(2A) (b) West Bengal Premises Tenancy Act 1956 holding inter alia that the defendant was not a defaulter in payment of rent, and that he was entitled to get protection under the provision of section 17(4) of the said Act.

2. The suit for eviction has been filed by the plaintiff alleging, inter-alia, amongst others that the defendant was a defaulter in payment of rent for four months within a period of 12 months. The defendant in his written statement denied the relationship of landlord and tenant between the plaintiff and himself. He also filed an application under the provision of section 17(2) and section 17(2A) (b). In that application also, he denied o the relationship of landlord and tenant between the parties. The learned Subordinate Judge did not decide the question as to whether there was relationship of landlord and tenant between the parties, but he deferred the determination of that question