( 1 ) THIS is a Letters Patent appeal from the judgment of our learned brother Guha J.

( 2 ) THE appeal is by the defendant and it arises out of a suit for ejectment and for recovery of arrears of rent and damages.

( 3 ) ACCORDING to the plaintiffs respondents, the defendant took settlement of the suit property under a lease which was evidenced by a kabuliyat, dated 24-7-1937, corresponding to Sravan 8. 1344 B. S. The period of the lease, as given in the kabuliyat, was seven years and the lease purported to run from Sravan 1344 B. S. , expiring, therefore, with the end of Ashar, 1351 B. S. The defendant, however, continued in occupation and, as the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act of 1940 (Bengal Act IX of 1940) was in force from about May 1940 right up to about the same month 1949, when it was repealed and replaced by the permanent Act, the West Bengal Non-Agricultural Tenancy Act, 1949 (West Bengal Act XX of 1949 ). the plaintiffs could not take steps for ejectment of the defendant.

( 4 ) THE present suit was instituted on 7-7-1950, after service of a notice to quit, expiring with, the month of Chaitra 1356 B. S. The notice appear