( 1 ) THE Court : In this Suit the plaintiff has claimed for possession of certain demised premises from the defendant. The facts of the case are not much in dispute and the principal question is one of law.

( 2 ) BY a lease dated 25th June, 1963 the plaintiffs became lessees of the demised premises under one Wachel Molla and Sons. The lease was to expire after a period of 21 years.

( 3 ) THE defendants in the instant suit became sub-tenants under the plaintiffs under another subsequent lease dated 17th July, 1964, for a period commencing from 1st April, 1964 and to expire with expiry of 24th June, 1984. The parties have not disputed before me that in so far as these long leases are concerned, they are outside the purview of the provisions of the West Bengal Premises Tenancy Act, 1956.

( 4 ) THE instant suit was filed on the 16th April, 1984. The period of the defendants' leasehold had not run out by then. It is also not in dispute that so far as the lease as between the Wachel Molla and Vithalbhai is concerned, the same has run out, as apparent from the face of that lease, with the expiry of 25th June, 1984.

( 5 ) THE point in this suit is whether a sub-tenant li