MODULA INDIA vs KAMAKSHYA SINGH DEO

The Supreme Court held that under Section 17(3) of the West Bengal Premises Tenancy Act, 1956, striking out a tenant's defense is not obligatory and should be exercised with restraint. The Court emphasized that even if a defense is struck out, the tenant should not be rendered completely helpless, as this would impose a disproportionate punishment for default. The Court clarified that the right to cross-examine the plaintiff's witnesses remains essential, and the tenant can still contest the validity of the notice despite the striking out of the defense.