JUDGMENT

1. Leave granted.

2. This appeal arises out of a judgment and order passed by the High Court of Calcutta whereby Civil First Appeal No.290 of 1986 filed by the respondent-tenant has been allowed, the judgment and decree passed by the trial Court set aside and the suit for eviction filed by the plaintiff-appellant against the defendant-respondent dismissed.

3. A residential premise comprising two rooms with a gallery situate at the first floor bearing no.95-A, Chittaranjan Avenue, Calcutta and owned by Gauri Devi Trust of which the appellants are trustees was let out to the respondent-tenant on a monthly rental of Rs.225/-. One of the conditions that governed the jural relationship between the parties was that the tenant shall not make any additions or alterations in the premises in question without obtaining the prior permission of the landlord in writing. Certain differences appear to have arisen between the parties with regard to the mode of payment of rent as also with regard to repairs, sanitary and hygiene conditions in the tenanted property which led the landlord- appellant to terminate the tenancy of respondent in terms of a notice served upon the latter under Secti