Judgment

WANCHOO, J. (On behalf of himself and Sinha C. J., Gajendragadkar and Shah JJ.) : These two connected appeals will be disposed of by one judgment. Appeal No. 196 of 1952 is by the Upper Ganges Sugar Mills Ltd. (hereinafter called the Company) while Appeal No. 4 of 1959 is by Mohd. Khalilul Rehman and others (hereinafter called the landlords). The brief facts necessary for present purposes are these. Mukhtiar Ahmed, father of the landlords, granted a thekas to the Company in August 1933 (corresponding to 1341F) of the lands in dispute for a period of ten years ending with 1350 F (June 1943). The theka contained a clause giving option to the Company to get it renewed for five years and in consequence the theka was renewed for five years from 1351 F to 1355 F (that is upto June 1948). Thereafter the theka provided for option to renew the lease with the lessor. In March 1948, the landlords gave notice to the Company to the effect that the theka would not be renewed after 1355 F. The Company, however, did not agree to hand over possession to the landlords and consequently a suit was filed by the landlords for ejectment of the Company under the U. P. Tenancy Act, 1939. It was res