1. THIS appeal is at the instance of the defendant Purushottam Das Murarka and it arises out of a suit for ejectment.

2. THE property in suit is a plot of land measuring bigha 15 cottahs comprised in premises No. 234/4, Prafulla chandra Road, Calcutta previously numbered as premises No. 234/2, Upper Circular Road, Calcutta. The suit property belonged to one Dinanath Das father of Debendra Nath Das. Dinanath settled the suit property with one Surendra Kumar by a registered deed dated August 4, 1929. Surendra used to carry on a business of mustard oil by erecting structures in the said premises. One Jatindra Mohon Seal purchased the interest of Surendra from his executors on May 9, 1936. One satya Narayan Murarka purchased the interest of Jatindra Mohon Seal and his co-sharer in the suit property on September 6, 1949. Debendra brought suit for ejectment against Satya Narayan and Jatindra. The suit was decreed on compromise and Debendra granted a lease of the suit property to satya Narayan by a registered deed of lease dated December 5, 1952 for five years commencing from January 1, 1952 and terminating on the last day of december 1956. Clause (1) of the lease is as follows :

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