JUDGMENT :

1. Though the instant appeal arises from an order of remand passed by the first Appellate Court, but we invited attention of the appearing Counsels on the proposition of law involved in the instant appeal so that the appeal can be conveniently disposed of without following the procedural aspect viz. bringing the Lower Court Records, preparation of paper books etc. Both the Counsels agreed to address the Court on the nuances of law applicable in this regard and we take up the matter for disposal of the instant appeal finally.

2. The facts are more or less undisputed. A suit for declaration of tenancy right was instituted by the respondent herein in respect of the suit premises alleging that the appellant issued rent receipts in his name and collected the rent up to the year 2015-2016. It is also not in dispute that initially the tenancy stood in the name of the father of the respondent, who died in the year 2012 leaving behind him surviving the respondent, the only heir.

3. After receiving the summons the appellant appeared and disclosed his defence denying the allegations made by the respondent in the said suit and simultaneously made a counter-claim seeking recovery of possession as the respondent is a mere trespasser. It is alleged in the said counter-claim that in view of the definition of “tenant” engrafted under Section 2(g) of the West Bengal Premises Tenancy Act, 1997, the respondent cannot claim tenancy after the expiration of the period enshrined therein.

4. The Trial Court proceeded to decide the suit as well as the counterclaim and ultimately dismissed the suit thereby holding that the respondent has miserably failed to prove the tenancy right in respect of the suit premises and allowed the counter-claim directing the respondent to quit and vacate the suit premises unto and in favour of the appellant within sixty days from the date of the said decree. Admittedly only one appeal is filed by the respondent before the Court of Appeal below and the first Appellate Court remanded the matter, as an application under Order XLI Rule 27 of the Code of Civil Procedure was taken out by the respondent seeking leave to produce additional evidence in relation to the said tenancy upon production of the rent receipts.

5. Obviously the appellant took a plea that the aforesaid rent receipts are the outcome of forgery and the alleged signature appended thereto is a forged one. The Court of Appeal below allowed the said application under Order XLI Rule 27 of the Code and remanded the matter to the Trial Court for examination of the signature appended on the alleged rent receipts through an expert in order to find out the genuinity and veracity of the stands of both the parties.

6. Such being the undisputed facts as unfurled from the record, two points arose in the instant appeal. Firstly, whether a single appeal is competent/maintainable, when a decree in an original suit as well as the Counter-claim were drawn up and, therefore, the principle of res judicata would be attracted. Secondly, even if the rent receipts are issued in favour of the respondent after the death of the original tenant for such period enshrined in Section 2(g) of the West Bengal Premises Tenancy Act, 1997 would tantamount to creation of new tenancy or it is mere recognition of the heir as tenant for such limited period and such right diminishes upon the expiration of the period limited thereby.

7. We would like to deal with the second point first though conscious of the fact that if the first point is answered in affirmative, it would be a mere academic exercise to decide the second point, yet for the purpose of clear exposition of law we venture to decide the said point.

8. The definition of “tenant” has undergone a sea change in the West Bengal Premises Tenancy Act, 1997 with the definition of “tenant” given under the repealed Act, i.e. the West Bengal Premises Tenancy Act, 1956. The said definition under the repealed Act does not create any impediment in inh