JUDGMENT - Gajendragadkar, J.

1. The short question which arises in this appeal is as to the nature and the extent of the lessees rights under the lease in question.

2. This question arises in this way. The property in suit which is S. No. 66 at Bagalkot was leased out for 30 years to West Patent Press Co., Ltd., Bagalkot. This company is defendant No. 1 in the suit. Before the period of 30 years stipulated in the lease had expired, another lease was executed in supersession of the first between the same parties on April 26, 1900. This was for 30 years. On July 8, 1910, the lessee assigned his rights under the lease to Dodveerappa. Defendants Nos. 2 and 3 are successors in title of Dodveerappa. In the present suit which was filed by the lessors on June 14, 1947, they alleged that the lessee was holding under a tenancy at will and so he was not entitled to transfer his rights to a third party.

The said transfer according to the plaintiffs terminated the tenancy in question and so they claimed possession of the property. This claim was resisted by the assignee principally on the ground that the tenancy in question was not a tenancy at will, but was a permanent tenancy. Both the Court

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