Judgment

R.C. Lahoti, CJI—In respect of a property situated in the metropolitan city of Calcutta, a lease of immovable property for a fixed term commencing 1.4.1964 and expiring on 24.6.1984 evidenced by a registered deed of lease dated 17.7.1964, came into existence. The lessee entered into possession of the leased premises on 1.4.1964. On 26.9.1983, the lessor served a notice on the lessee informing the lessee that the tenancy was to expire on 24.6.1984 and, therefore, on that day the lessee must deliver vacant possession of the demised premises to the lessor. On 8.11.1983, the lessee sent a reply taking a firm stand that he would not vacate the demised premises in terms of the lease deed and the request contained in the communication dated 8.11.1983. The lessee also disputed the entitlement of the lessor to demand possession from the lessee on a plea that the title of the lessor to claim possession had itself come to an end on account of eviction by a paramount title-holder. On 16.4.1984, the present suit was filed by the lessor against the lessee seeking the following reliefs :—

“(a) a declaration that the plaintiff is entitled to vacant and peaceful possession of the said premi