( 1 ) THIS is an application for a certificate in respect of a decision of a Division Bench of this Court (in A. F. Order D. No. 301 of 1959), D/- 21-11-1961, affirming the decree of the trial Court dated the 22nd April, 1959.

( 2 ) ON 15th April, 1954, the respondent Girindra Mohan Hazra granted settlement of plots Nos. 23, 24 and 25 of the Calcutta Improvement Trust Scheme No. ZL. IV at Gray Street now known as P. 23. B. K. Paul Avenue measuring approximately 14 cottahs 2 chittaks 35 sq. ft of vacant land to the petitioner at rent of Es. 140,'-per month for a period of ten months, for the purpose of starting a timber business and the petitioner was given a right to build temporary structures thereon. For this settlement the petitioner executed a registered Kabuliat on 12th April, 1944. It is alleged that after the expiry of the said settlement the respondent assented to the petitioner continuing in possession, and accepted rent from. him and the petitioner held over as tenant on the same terms and conditions under which the lease was originally granted. In 1954 the respondent filed a suit against the petitioner and others in the Original Side of this Court for possess