( 1 ) THIS is the tenant's Second Appeal arising out of a suit for ejectment. The suit was dismissed by the trial Court on the ground that "the defendant's tenancy is non-ejectable falling under Section 7 (5) of the Non-Agricultural Tenancy Act 20 of 1949". On appeal that decision was re-versed by the learned Subordinate Judge who held that "the defendant cannot claim the advantage of Section 7 (5) of the Act. " Hence this Second Appeal by the tenant whose principal contention is that he is protected under Section 9 (1) (b) (iii) of the said Act 20 of 1949 (The West Bengal Non-agricultural Tenancy Act, 1949 ). This contention was also raised before the learned Munsiff but it was rejected by him. In the judgment of the learned Subordinate Judge there is no reference to this statutory provision and, possibly, this point was not urged before him and the arguments were concentrated on the other section, viz. , section 7 (5 ). As, however, the point (which is ground No. 1 in the Memorandum of Appeal to this Court) arises on facts which are now admitted by both parties, I have allowed the defendant-appellant to raise it in this Court, and, having entertained it, I ha