1. THIS is an appeal from a summary decree for eviction passed on 9. 394 by the Hon'ble Justice Ruma Pal, under chapter XIIIA of our Original Side Rules.

2. THE tenant came into possession under a registered Indenture of lease dated 1965 where under the term was limited for 21 years with an option to renew for a further period of five years being given to the lessee.

The initial period expired with the expiry of 31.10.86. Rent @ Rs. 950/- only per month was thereafter also paid and accepted for five years.

3. THE premises in suit is a flat with servant quarters and garage, the carpet area of the flat being 1800 square foot in one Of the best localities in Calcutta, The rent is perhaps a little on the very low side.

4. BE that as it may. in support of the appeal resisting the summary decree two points were urged by Dr. Banerjee, the arguments being thereafter taken up by Mr. Deb.

These were the points of fraudulent pecuniary valuation of the suit seeking to invoke the pecuniary jurisdiction of this court wrongfully, and a point of holding over under Section 116 of the Transfer of property Act

5. DR. Banerjee's submission was that on both these grounds his clients were entitl