JUDGMENT

SARKARIA, J.

( 1 ) THIS appeal by special leave is directed against a jugment, dated 14/03/1969, 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 10/07/1941, 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 13/07/1949. 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 27/04/1950, appellant made a similar grant (Ex. I) for another 9 years expiring on 13/04/1959, 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 31/03/1966, 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 Bengal Esta