N.A. Britto, J.––This is the plaintiff/landlord's second appeal arising from R.C.S. No. 76/91/D and was admitted on a substantial question of law which was modified to read as follows :––

"Whether the Decree No. 43525 is applicable when the lease was created of an open plot on 11.1.1978 and, therefore, no notice was required to be given by the plaintiffs to the defendant before filing the suit for eviction."

2. The learned counsels appearing for the parties have now submitted that the answer to the said substantial question of law has got to be in the affirmative, but before the said submission is accepted by this Court there are a few facts which are required to be taken note of.

The Decree No. 43525 governing the relationship between the landlords and tenants had been in force in this State from 7.3.1961. Subsequently, the Transfer of Property Act, 1882 came to be extended to this State from 1.11.1965.

3. The parties hereto shall be referred to in the names as they appear in the cause title of the said civil suit.

4. There is no dispute that the plaintiff is the owner of the land. By virtue of an agreement styled as an Agreement for Lease of Land, the plaintiff let out to