With the consent of the parties, this appeal is being disposed of at the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure.

2. The appeal is against the judgment of affirmance. The plaintiffs respondents filed a suit for eviction against the appellant Hindustan Petroleum Corporation Limited from the suit premises. The trial court decreed the suit which was upheld in appeal.

3. The plaintiffs case is that the owner of the suit premises is Mehir Jehan Begum, and she executed a registered deed of lease on 10.4.71 in favour of her two sons namely Mohammad Amber Yunus and Md. Baber Yunus for a period of 25 years (1.10.1972 to 30.9.1995) with a right to sub-let the same. The plaintiffs let out the premises to the defendant appellant for a period of 10 years from 1st July, 1981 to 30th June, 1991 at a monthly rental of Rs. 1400/- per month. Before the expiry of the lease, a notice under Section 106 of the Transfer of Property Act was issued determining the lease. After the expiry of the terms the defendant did not vacate the suit premises hence the suit.

4. The defendants case is that earlier the lease was granted to the erstwhile ESS Standard Vaccum Oil Refinery