JUDGMENT

Altamas Kabir, J.—The appeal raises an interesting question of law relating to the interpretation of Sub-section (2) of Section 3 of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the 1956 Act) which does not appear to have been considered earlier for its full scope and effect. The question relates to the applicability of Sub-section (2) of Section 3 of the 1956 Act to leases which were executed for periods of over twenty years but containing a clause allowing prior determination at the instance of either the lessor or the lessee. Prior to 1965, the said Section was comprised only of one Section which is now numbered as Sub-section (1). Sub-section (2) was added by Amending Act XXIX of 1965. Since we shall be considering the provisions of Section 3 in this appeal, at some length, the same as it stands, after amendment, is reproduced hereinbelow for reference:-

"3. Certain provisions of the Act not to apply to certain leases.—(1) The provisions relating to rent and the provisions of sections 31 and 36 shall apply to any premises held under a lease for residential purpose of the lessee himself and registered under the Indian Registration Act, 1908, w