1. THIS appeal under the Letters Patent has been preferred by the defendants 1 and 2 against a decree for ejectment passed against them as also against other defendant-respondents 5 to 10 by Sri S. K. Sen, learned judge, 9th Bench, City Civil Court at calcutta in ejectment suit No. 2269 of 1963 affirmed by Mr. Justice A. K. Sinha in First Appeal No. 197 of 1967.

2. THE brief fact out of which this appeal arises may be stated like this:.-Premises No. 32/13a, Beadon Street was held by Dr. Panchanan Chatterjee as a monthly tenant at a rental of rs. 250/- under the landlord respondents 1 to 4. Dr. Chatterjee died on the 23rd of May, 1963 leaving respondent nos. 5 to 9, his daughters, his only heirs; during his life time he executed a will appointing the appellants and one Samir Mukherjee respondent No. 10 as the executors to that will. The plaintiffs brought the ejectment suit No. 2269 of 1963 in the City civil Court at Calcutta for ejecting the heirs And the executors to the will of dr. Panchanan Chatterjee, mainly on the grounds that they were defaulters; that the premises in question was used for the purpose other than the purpose for which the said tenancy was taken; but th