( 1 ) THIS appeal from an appellate decree has been referred to us by a learned single Judge of this court as he was unable to share the view expressed by another learned single Judge in the case of Haripada Das v. Sristidhar Chakraborty,. The present appeal arises out of a suit for eviction which was decreed by the trial court but was dismissed on an appeal by the tenant defendant. The plaintiff is the appellant now before us.

( 2 ) THE plaintiff purchased the suit premises on Dec. 2, 1975. At the time of such purchase the tenant defendant was in occupation of the suit premises as a pre-existing tenant. By a notice dated May 22, 197t, the plaintiff determined the tenancy in favour of the tenant defendant with the expiry of June 1977 and such a notice being a combined notice under Section 106 of the Transfer of Properly Act and Section 13 (6) of the West Bengal Premises Tenancy Act, 1956, the plaintiff instituted the suit for eviction, being Title Suit No. 560 of 1977 of the 1st Court of the learned Munsif at Sealdah on August 19, 1977. On the plaint as originally filed, such eviction was sought for on the sole ground that the tenant defendant had transferred, ass