( 1 ) APPELLANT Bimalendu Bhusan Ghose is a tenant in a portion of Ground floor of premises No. 65 Keshab Chandra Sen Street, Calcutta. He has been a tenant there for about 25 or 26 years under the previous owner, and occupied entire northern block of the ground floor including the courtyard and shed therein at a monthly rental of Rs. 45/ -. The plaintiffs, a firm Mitra and Ghosh represented by the partners, purchased the property in 1965. Old rent of Rs. 45/- per month continued to be paid to the plaintiffs but a portion of the old tenancy namely the old bathroom and the structure in the courtyard, was taken possession of by the landlord and a new bathroom was constructed and was given to the tenant. That was by mutual arrangement arrived at on 20th of September, 1965. Trouble arose when the plaintiffs set up a printing press in the structure in the courtyard and the machine started operating in 1966. Regarding the noise caused by the machine the defendant raised protests. The landlord served a notice to quit and termination of the tenancy in July 1966 demanding delivery of possession on the expiry of last day of August 1966 and then instituted the present suit on