Bhaskar Bhattacharya, J.: This first appeal is at the instance of defendants in a suit for eviction and is directed against the judgment and decree dated June 29, 1996 passed by the learned Judge, 12th Bench, City Civil Court, Calcutta in Ejectment Suit No. 1185 of 1975 thereby decreeing the aforesaid suit.

The proceeding has a chequered career.

2. The respondent herein filed the aforesaid Ejectment Suit No. 1185 of 1975 in the City Civil Court at Calcutta for eviction of the appellants by treating 'them as tenants governed under the provision of West Bengal Premises Tenancy Act on the ground of default in payment of rent and sub-letting and the case made out by the respondent was as follows :

Premises No.1, Keshab Chandra Sen Street belonged to one Sisir Kumar Dawn. After the death of said Sisir Kumar Dawn the property devolved upon his widow, Smt. Angurbala and his only son, Samir.

3. The appellants were tenants under them in respect of a portion of the northeri1 side of the said premises consisting of five rooms which were later converted into seven rooms as described in the schedule annexed to the plaint. The tenancy was held at a monthly rental of Rs. 70/- according