( 1 ) THIS appeal is at the instance of the defendant in a suit for eviction, and it is directed against the judgment and order dt. April 21. 1978 of B. C. Basak. J passed on the implication of the defendant under Section 17 (2) of the West Bengal Premises Tenancy Act. 1956. hereinafter referred to as the Act.

( 2 ) THE defendant. Remington Rand of India Ltd. , was initially a lessee of a two storied building being premises No. 5/a, Mangoe Lane. Calcutta for a term of 16 years under the plaintiff under a registered deed of lease dt. May 1. 1953. After the expiry of the lease, the plaintiffs and the defendant entered into an agreement referred to in the letter dt. December. 4. 1970 addressed by the defendant to the plaintiffs. The relevant portions of the said letter recording the agreement between the parties are as follows:--" (a) We have on 1st Dec. 1970 put you in vacant possession of the 1st floor of the premises No. 5/a. Mangoe Lane, Calcutta. (b) We shall continue to be in occupation of the ground floor of the above premises as monthly tenant under you on the terms and conditions in the lease dated 14th Sept. 1953. granted by you to us in so far as the same s