( 1 ) THE plaintiff has instituted the suit on the allegation that he is the owner of the property in question. The defendant, Messrs Tide Water Oil Company, was the tenant regarding the premises in question in the front portion of that building under him at a monthly rental of Rs. 650/-payable according to English calendar. Previously, he was posted in Bombay. At that time, one Mr. K. L. Gupta, defendant's officer, was transferred to Cal- cutta. The latter persuaded the plaintiff to let out the front portion of the ground floor of the house including the front lawn, the garden and the garage. He had been assured by Mr. Gupta that the demised portion would be vacated after he was transferred from Calcutta or on his retirement from service, whichever was earlier. That proposal was accepted. The plaintiff has retired from service and has been residing in Calcutta. He and his wife have been suffering from various ailments and it is extremely difficult for them to go upstairs. The only passage leading to that house is a very filthy and slippery one because the courtyard is used by the defendant's employees for cleansing utensils and storing garbage. The accommodation