JUDGMENT

D.P. Mohapatra, J.-The appellant Tarak Nath Sha is the landlord of the suit property of which the respondent No. 1 M/s Bhutoria Bros. Pvt. Limited (hereinafter referred to as the Company ) was the lessee. The lease was for a period of 21 years commencing from 23rd March, 1963. The rent stipulated to be paid by the lessee was Rs. 700/- per month. The suit property was in occupation of Mr. Manmal Bhutoria respondent No. 2 herein, who was the Director of the respondent No. 1 company. Before expiry of the period of lease the lessee is alleged to have sent the letter dated 18.4.1974 in which it was stated the Manmal Bhutoria had voluntarily resigned as Director of the Company; that the company was no longer in need of the suit premises; and that the landlord was requested to take over possession of the property. From the endorsement made in the letter it appears that a copy was sent to Manmal Bhutoria with a request to negotiate with the landlord.

2. After expiry of the period of lease in 1984 the landlord addressed a letter to the company requiring it to hand over possession of the suit property to him. In the meantime Manmal Bhutoria had filed a Title Suit No. 240/84 against