1. THIS rule arises out of a judgment and order passed by thee additional District Judge, Alipore on 29.6.82 dismissing an appeal from an order dated 4.11.81 passed by the learned Munsif, Second Court, Sealdah.

2. I may state the facts here in below which led to the passing of the said order by the learned Munsif dismissed in appeal by the 1st Add. District Judge M/s. Koley Properties (Pvt. Ltd.) was the landlord of one batjnath Shaw who was the thika tenant in respect of the premises no. 2/2, Canal east Road, Ultadanga measuring more or less 3 Cottahs and 8 Chittacks of land. He for more then 50 years at a rent of Rs. 73. 70 and the present plaintiffs namely, methailal Shaw Bejoy Kumar Shaw Raj Kumar shaw and Shew Kumar Shaw hereinafter to be referred to as "the said Shaws" are the sons of the said Baijnath. The case of the koley Properties Pvt. Ltd. is that "the said shaws voluntarily abandoned the thicka holding within the meaning of Section 9 of the Thicka Tenancy Act and on 10th November, 1979 an order was made permitting the landlord to re-enter on the said holding in view of voluntary abandonment of the thicka tenant after having defaulted in payment of rent.

On 3rd