Judgement

GAJENDRAGADKAR, C.J.I. : These two appeals which have been brought to this Court with a certificate issued by the Assam High Court, raised a short question about the construction and effect of S. 5 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 (No. 12 of 1955) (hereinafter called " the Act" ). The relevant and material facts which have led to the suits from which these two appeals respectively arise are similar, and so, it would not be necessary to state them in detail in regard to both the matters. We would, therefore, mention the facts broadly in C. A. No. 549/1962 in dealing with the common point raised for our decision. The appellant in this case is Mst. Rafiquennessa who sued the predecessor of the respondents for ejectment. It appears that Lal Bahadur Chetri had executed a registered lease-deed in favour of the appellant on the 14th February, 1946. The lease covered an open plot of land and under the covenant the lessee was entitled to build a house for residential purposes. In ordinary course, the lease was due to expire of the 12th February, 1952, and the lessee had agreed to deliver vacant possession of the land at the expiration of the stipulated pe