CHITTATOSH MOOKERJEE, J.

( 1 ) THIS Letters Patent Appeal is at the instance of the defendant. On August 9, 1954, Kali Charan Mitra and Shyama Charan Mitra, predecessors-in -interest of the plaintiff-respondents had granted a registered Indenture of lease in favour of the appellant in respect of a vacant land measuring more or less two collahas comprised in premises No. 32/2, Chakraberia Road for a term of twelve years certain with effect from 9th day of August 1954 at a monthly rental of Rs. 25/- only excluding all Corporation taxes payable on or before the 7th day of every succeeding month. The lessors and the lessee inter alia agreed that the lessee would be allowed to construct a two-storied masonary building with corrugated iron/absestos roof according to plan sanctioned by the Calcutta Corporation but no permanent structures would be raised. The lessors further allowed the lessee to construct a permanent privy with drainage system at his own cost according to Municipal rules, Under Clause 10 of the said Indenture of lease, the entire structures including privy, water taps, electricity connection if built by the lessee and if not removed by him within a reasonable time after

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