( 1 ) THIS is an appeal by the defendant against a judgment of affirmance. The plaintiff instituted the suit on 26th May, 1965 on the following allegations. The plaintiff had been owner of the tank recorded in C. S. Plot No. 1177 Khatian No. 2268 P. S. Chinsura within the Hooghly Chinsurah Municipality which is the suit property. The defendant executed a deed of lease on 3-11-1961, to which the plaintiff was also a party, taking a settlement of the fishery right of the tank for a period of five years from Baishakh 1368 B. S. to Chaitra 1372 B. S. agreeing to pay rental at the rate of Rs. 525/- per year and municipal taxes. The lease contained a condition that in the event of failure by the lessee to pay annual rental within the year, the lessor will have a right of re-entry on forfeiture of lease without any notice. The defendant did not pay any rent from 1369 B. S. to 1371 B. S. except a sum of Rs. 100/- and under the terms of lease he had no title or interest in the tank and was, therefore, liable to be evicted without notice. The plaintiff accordingly instituted the suit on May 26, 1965 praying for a decree for recovery of possession of the suit property b