( 1 ) THIS appeal from an appellate decree is at the instance of the defendant in a suit for eviction which had been decreed concurrently by the two Courts below. One Sm. Tripti Ghose, wife of the present plaintiff was the owner of premises No. 13, South End Park, which is a four-storeyed building. The first floor and the garage at the ground floor of the said premises more fully described in the plaint schedule was let out by the said Sm. Ghose to the defendant-appellant, Indian Oil Corporation at a monthly rental of Rs. 500/- payable according to English calendar. The said Sm. Ghose died on January 7, 1976, leaving behind a will executed by her on November 11, 1975. The plaintiff as the executor appointed by the testatrix obtained probate of the will. By the will the testatrix bequeathed the 2nd floor of the premises as aforesaid to her eldest son Hirak, 3rd floor to her second son Himadri and first and ground floors to her youngest son Sanjoy subject to a right of residence for his life to the plaintiff.

( 2 ) THE plaintiff after obtaining probate determined the tenancy in favour of the defendant by a notice to quit served on July 10, 1976, and further gave the