( 1 ) THIS reference arises out of a second appeal filed by the plaintiff against a decree made by the Second Court of Subordinate Judge, Alipore, affirming a decree for ejectment against the respondent. The respondent was a lessee under the appellant under an indenture of lease dated April 7, 1937. Under the terms of that indenture the lessors agreed to let and the lessee agreed to take on lease for a period of two months from April 10, 1937 and thereafter subject to the conditions mentioned in the lease on a monthly tenancy, agreeing to pay monthly rent at the rate of Rs. 11/14/- (Rupees eleven and annas fourteen) only. That tenancy was terminated by the appellant by a notice to quit and on tha expiry of the period of notice the appellant sued the defendant-respondent for ejectment and obtained a decree in that suit. In this suit the lease executed between the parties was produced and marked as Exhibit 1. The indenture was stamped with a stamp duty of twelve annas under Article 35 Clause (a) (i) of the Indian Stamp Act. In the Trial Court the defendant raised an objection as to the sufficiency of the stamp paid on the indenture of lease but that objection was overr