( 1 ) THIS appeal is directed against a decree for ejectment from the first and second floors of premises No. 91/1a, Baithak Khana Road, against defendants Nos. 2 and 3 who are in occupation of the aforesaid portions as sub-tenants under defendant No. 1. It appears that by an indenture (Ex. 4.) the plaintiff let out the whole of premises No. 91/1a, Baithak Khana Road to defendant No. 1 (Manoranjan Majumdar) on 1-1-1948 for a term of three years expiring with the end of December 1950. In the lease there was a provision for renewal at the option of the lessee subject to the condition that the lessor did not require the premises for his own use and occupation. On 30-11-1950, the lessor served a notice upon the lessee, defendant No. 1, requiring him to vacate, on the expiry of the lease, that is, by the end of December 1950, as the lessor required the premises for his own use and occupation. On 15-12-1950, the defendant No. 1 sent a reply to the lessor stating that he had sub-let the premises to defendants Nos. 2, 3 and 4 and that the lessor was at liberty to take possession subject to the sub-lease granted to the aforesaid defendants. Thereafter on 16-1-1951, the lessor in