SINHA, J. :- This is an appeal against a judgment and decree passed by the learned Additional District Judge, Howrah, dated 30th March, 1963 by which he allowed an appeal from the judgment and decree passed by the learned Subordinate Judge, First Court, Howrah, dated 30th September, 1961 and dismissed the original suit against the contesting defendant Nos. 1 and 2 with costs. The facts in this case are briefly as follows : There is a Cinema House situated at 61 Chintamoni Dey Lane, Howrah, belonging to the respondents Nos. 1 and 2, Sri Santosh Kumar Dutta and Sri Nandalal Dutta. By a registered lease dated 11th September, 1948, the said respondents leased out, the said premises to the third respondent, Kanti Bhusan Bose, for a period of five years with effect from the 1st September, 1948. This Kanti Bhusan Bose is the Managing Director of the Appellant Company, the Biswabani Private Ltd. By mutual consent the respondent Nos. 1 and 2 accepted the appellant company as their tenant and the said company was paying a rent of Rs. 2,000/- per month. In 1953, disputes and differences arose between the parties. On or about the 5th October, 1963, the respondents Nos. 1 and 2 filed a