( 1 ) THE only point in this appeal is whether the tenancy of the respondent in respect of the suit room under the plaintiff-appellant deity was for 'manufacturing purposes' or for 'other purpose' within the meaning of Section 106 of the Transfer of Property Act The learned Judge of the Trial Court has dismissed the ejectment suit brought by the appellant-deity against the defendant-respondent on the ground of default in payment of rent upon the view that the tenancy of the defendant was for manufacturing purposes and therefore the said tenancy was only terminable by service of a six months' notice expiring with the year of the tenancy. The learned Judge of the Court below incidentally found that the defendant had committed default in payment of rent for four months and therefore, the ground under Section 13 (1) (i) of the West Bengal Premises Tenancy Act had been established by the plaintiff-appellant.

( 2 ) IN my opinion, the learned Judge's finding regarding the purpose of letting of the suit room in favour of the defendant-respondent cannot be sustained. The burden of proof was heavily upon the defendant-respondent to satisfactorily prove that the ten