( 1 ) THIS appeal has been assigned to me by the Hon'ble, The Chief Justice on difference of opinions of the Hon'ble Mr. Justice Babu Lall Jain and the Hon'ble Mr. Justice Sidheshwar Narayan.

( 2 ) THE following two questions were raised by the tenant/appellant in this appeal - (i) Whether the lease, as per registered deed dated 8th of October, 1956 for an initial period of 15 years commencing from 1st of October, 1956 to 30th of September, 1971 fell short of 15 years so as to be governed by the West Bengal Premises Tenancy Act, 1956 and to entitle the tenantappellant to the benefits secured under the said Act? (ii) Whether the said lease would be deemed to have expired by efflux of time on the expiry of the initial period of 15 years in the year 1971 as the lease was not renewed by virtue of a registered deed and as such the defendant-appellants' continuing in possession of the demised premises thereafter and paying the rent would be deemed to be holding over the same under S. 116 of the Transfer of Property Act, and accordingly the tenancy would be governed under the provisions of West Bengal Premises Tenancy Act, 1956?

( 3 ) BEFORE finding out answers to the ques