( 1 ) THIS appeal arises out of a suit for ejectment instituted in the Court of Small Causes at Calcutta after a notice to quit under Section 106 of the Transfer of Property Act and also alter a notice of suit under Section 13 (6) of the West Bengal Premises Tenancy Act on the ground that the tenant was not entitled to any protection under Section 13 of the West Bengal Premises Tenancy Act of 1956 as the tenant had done an act contrary to the provisions of Clause (p) of Section 108 of the Transfer of Property Act of 1882.

( 2 ) THE act contrary to the provisions of Clause (p) is the building of a kitchen on the roof of the house with 3" wall of brick and mortar together with a roof of corrugated iron sheets. When the appeal came up for hearing before another Division Bench of this Court, the matter was referred to a Special Bench under proviso (ii), Rule I, Chapter II of the Appellate Side Rules. The relevant portion of the two of the points referred to were as follows:-- (i) "what is a permanent structure for purposes of Clause (p) of Section 108 of the Transfer of Property Act. . . . ?" (ii) "what notice is contemplated under Section 13 (6) of the West Bengal Pre