Judgment

P. K. GOSWAMI, J. - In this appeal by special leave directed against the judgment of the Calcutta High Court the only question that arises for consideration is whether the respondent is a thika tenant under Section 2 ( of the Calcutta Thika Tenancy Act, 1949.

2. On June 1, 1956, the predecessor-in-interest of the appellants (the latter, hereinafter to be described as the landlord) gave the land with which we are concerned in this appeal to the respondent (hereinafter to be described as the tenant) for occupation as a tenant on a monthly rent of Rs. 75/for one year. One of the conditions of the tenancy was that "the premises shall not be used for any purpose other than keeping of the lorries as garage". Another condition of the tenancy was that "the lessee will on the expiration of one year peacefully surrender and yeild up vacant possession to the lessor." On july 29, 1958, the landlord s advocate sent a notice of eviction to the tenant to vacate and deliver possession of the land on the expiry of August 1958. The tenant through his advocate by a letter of August 29. 1958, denied liability for eviction assserting that there was no violation of any terms and conditions of the