A. M. BHATTACHARJEE, S. K. SEN

( 1 ) THE suit-tenancy, created in 1962 by a registered Deed of Lease for a period of more than 20 Years, was admittedly not governed by the provisions of the West Bengal Premises Tenancy Act, 1856 in view of Section 3 there of and was governed by the provisions of Chapter V of he Transfer of Property Act, a lease of immovable property stands determined by forfeiture for non-payment of rent if the lease provides for re-entry on the part of he lesser for such non-payment and the lesser gives notice in writing to the lessee of his intention to determine the lease. But Section 114 of the Transfer of Property Act, however, provides that notwithstanding such forfeiture and resultant determination of lease, if the lessee, on being sued for adjustment, "pays or tenders to the lesser" "at the hearing of the suit" the rent in arrear, together with interest thereon and his full costs of the suit. . . . . . The court may, in lieu of making a decree for adjustment, pass an order relieving the lessee against the forfeiture" and "thereupon the lessee shall hold the property leased as if the forfeiture had not occurred. "

( 2 ) THE expression "at the hearing of the

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