Judgment

HIDAYATULLAH, J. : This appeal by special leave against the judgment and order of the High Court of Calcutta. December 5, 1961, arises from a suit between landlord and tenant. The Indian Iron and Steel Co. Ltd. (appellant) is the landlord and Biswanath Sonar (respondent) is the tenant and the tenancy is in respect of a piece of land with a rent of Rs. 4 per month. According to the Company the tenancy commenced in December 1938 and according to the tenant in the beginning of 1935. The two court of fact have found in favour of the Company on this point and the High Court has very properly accepted this concurrent finding but has held that tenancy began on the 1st of December, 1938, but more of that later. The suit was commenced in the Court of the Munsif at Asansol by the Company after serving a notice dated June 28, 1950, terminating the alleged monthly tenancy of the respondent with the expiry of December 1950. The notice was served on June 29, 1950. The Company asked for the relief of khas possession by evicting the tenant and reserved the relief of compensation for wrongful occupation after January 1, 1951, for a separate suit. The Company offered to pay such reasonable c