JUDGMENT

KASLIWAL, J.-

This is a tenants appeal by grant of special leave in a suit for eviction decreed against him by all the courts.

2. The appellant took one roadside shop-room in the ground floor of premises No. 75, Surendra Nath Banerjee Road, Calcutta on rent at the rate of Rs 50 per month. On September 27, 1973 the respondents herein purchased the premises in question from the Commissioner of Partition and Receiver in Arup Kumar Dhar v. Satya Narayan Dhar {High Court Suit No. 1183 of 1961} a suit for partition etc., between the owners of the said premises. The said Commissioner of Partition and Receiver notified the appellant about the said sale and asked him to attorn his tenancy and to pay rent to the respondents. The appellant as such started paying rent to the respondent purchasers till January 1975. On May 21, 1975 the respondent-landlords sent a notice to quit on the ground of default in the payment of rent and subletting. The appellant sent a reply in writing on June 6, 1975 denying the alleged default in payment of rent as well as subletting. The respondents filed a suit for ejectment on December 12, 1975 in the city civil court at Calcutta (3rd Bench). The suit was b