Judgment

M.M.PUNCHHI, J.

(1) IN furtherance to our order dated 11/5/1994, allowing this appeal, setting aside the judgment and order of the division bench of the Calcutta High court, restoring that of the trial court, we hereby release our deferred reasons to complete the judgment.

(2) THE landlord-appellant herein was the plaintiff. The defendants-respondents were the tenants. The appellant filed a suit for recovery of possession of the demised premises and for mesne profits in the City Civil court at Calcutta against the tenants-respondents. The suit was based on the premise that by a registered deed of lease dated 6/7/1964, the demised premises were leased out to the respondents for a period of 21 years commencing from 1/7/1964 and ending on 30/6/1985 at the agreed upon rate of Rs. 475.00 per month which subsequently was increased to Rs. 501.00 per month, consequent to the increase in municipal tax. Since the lease was expiring on 30/6/1985, the appellant sent a quit notice on 26/5/1985 requiring the respondents to vacate the premises, on the efflux of time on 30/6/1985. Since the respondents did not vacate the demised premises despite notice, a suit