( 1 ) THE petitioner is admittedly a lessee under the opposite party company, in respect of flat No. 17, in premises No. 18a, Park Street, Calcutta. The premises is also known as "stephen Court",

( 2 ) THE lease is evidenced by a registered instrument (Ex. 1), bearing the date April 30, 1956. Flat No. 17, according to the description gave in the said instrument of lease, consisted of three bed rooms, two bath rooms, one big verandah, one passage room, one pantry, one cooking room, one drawing room and one servant's room in the servants' quarter, in the first floor. The lease was for a period of twenty-one years and the contractual rent was Rs. 350/- per month.

( 3 ) ON December 17, 1956, the plaintiff opposite party instituted a suit in the court of Small Causes Calcutta, being Suit No. 5349 of 1956, against the defendant petitioner, claiming arrears of rent for the months of September to November, 3956. The claim was laid at Rs. 1050/- for arrears due and Rs. 21/- for interest on arrears, total Rs. 1071/ -.

( 4 ) THE defendant petitioner filed written statement and contested the claim. His defence in substance was that he had executed the deed of lease, relying on