R.K.Choudhary, J.

1. The facts leading to the presentation of this appeal, briefly stated, are these:

There was a building known as Navin Kutir belonging to Shri Navin Chandra Dey. In the year 1936, a lease was granted to Shri Rakhal Chandra Sen Gupta by his sons and heirs, who are decree-holders 1 to 5. This lease was renewed on the 11th September, 1944, for a period of eight years and it ultimately expired in June, 1953. it appears that one of the heirs of Shri Navin Chandra Dey, namely, Bisheshwar Dey, who had 2/9th undivided share in the building, sold 1/3rd of that share fay a sale deed, D/- the 16th June, 1948, to Shrimati Chapala Devi, decree-holder No. 6. Subsequently, the said Bisheshwar Dey sold his further 1/3rd undivided share out of his 2/9th share to the same Shrimati Chapala Devi by a sale deed in the year 1950. In July, 1953, there was a partition of the building in question and the portion marked Block E on the sketch map fell to the share of Bisheshwar Dey, representing his 2/9th share. Thereafter, on the 31st July 1953, Bisheshwar Dey executed a third sale deed in favour of Shrimati Chapala Devi with respect to his remaining 1/3rd share ost of his 2/9th s