Judgement

SHAH, J. : Biswambar Roy - predecessor-in-interest of the appellants - was granted on February 20, 1928, a lease for ten years 1335 B. S. to 1344 B. S. at an annual rental of Rs. 75 in respect of a plot of land, part of Dag No. 3615 in the town of Silchar, District Cachar in the State of Assam. Biswambar Roy constructed on the land buildings some for residential use, and others as warehouses. On the expiry of the period of the original lease, Biswambar Roy obtained a fresh lease in respect of a part of the land for ten years - Baisakh 1345 B. S. to Chaitra 1354 B. S. - at an annual rental of Rs. 70 under an instrument, dated February 22, 1938.

2. The respondents purchased the interest of the landlords in the land and instituted on August 3, 1951 an action in the Court of the Sadar Munsiff, Silchar against Biswambar Roy for a decree for vacant possession of the land. The suit was decreed by the Munsiff. Biswambar Roy appealed to the Subordinate Judge, Silchar. During the pendency of the appeal, the Non-agricultural Urban Areas Tenancy Act 12 of 1955 enacted by the Assam Legislature was brought into force. Biswambar Roy claimed protection from eviction under S. 3 of Act 12 of