Judgment

SARKARIA, J.:- This appeal by special leave is directed against a jugment, dated March 14, 1969, of the High court at Calcutta.

2. The appellant had the interest of a Darpatindar in the land in suit, measuring 9 acres (27 bighas). The plantiff by a lease-deed (Ex. A) dated July 10, 1941, granted to the defendant respondents a lease of this land for the purpose of raising and taking sand out of the land for a period of 9 years ending on July 13, 1949. In this lease deed, the property was described to be Patni Mahal. Under the terms of this lease, the lessee had an option of renewal for another 9 years. Subsequently on April 27, 1950, appellant made a similar grant (Ex. I) for another 9 years expiring on April 13, 1959, but this grant was called a "licence".

3. The respondents did not pay the licence fee for the period from 1362 (14-4-1955) to 1365 B. S. The plaintiffs thereupon issued notice, dated March 31, 1966, terminating the licence and then filed Suit No. 37 of 1960 for ejectment in the Court of the Munsif, Second Court, Chandernagore.

4. The suit was resisted by the defendant-respondent, inter alia, on the ground that the land had vested in the State under the West Beng