( 1 ) THIS is an appeal from a decision of the Judges, Special Bench of the Court of Small Causes, Calcutta, dated 10-7-1953, reversing the decision of the Sixth Judge of the Court of Small Causes, Cal in Suit No. 2625 of 1951 D/- 20-12-1952. The plaintiffs in the said suit are the appellants before us.

( 2 ) THE matter arises in this way: The plaintiffs had instituted the said suit for ejectment of the defendant from premises No. 5, Raja Raj Kissen Street, Calcutta. Originally there was a lease for ten years granted by the plaintiffs in favour of the defendant in respect of the said premises. The said lease expired in June, 1947. Before that date the Rent Ordinance had on 1-10-1946 come into existence. It was continued by subsequent Act being Bengal Act I of 1947 and thereafter it was continued by another Act being West Bengal Act V of 1948. On 1-12-1948, the Act of 1950 was passed. This suit was filed on 8-12-1951, on the ground that the plaintiffs required the premises for their own purposes. Prior to the institution of the suit a notice to quit was served on the defendant expiring by the end of Chaitra, 1357 B. S. That notice was given on the 23rd Aswin 13