Sudhanshu Sekhar Ganguly, J.

1. This plaintiff appellant’s appeal has been preferred from the decision of Shri B.K. Dutta, Additional District Judge, 8th Court, Alipore dated 9.3.81 in T.A. No. 229 of 1979 reversing the decision of Shri A.K. Dasgupta, Assistant District Judge, 4th Court, Alipore

in T.S. No. 32 of 1974 dated 22.12.78.

2. Admittedly Madan Mohan Jaldka, the respondent defendant No.1 (respondent henceforward) took lease of 8 cottahs and odd of land being premises No.1, Chakraberia Road South, Police Station, Bhowanipur, District-24 parganas at a rental of Rs. 199/- per month from Bai Hem Kaur, the mother of the appellant plaintiff (appellant henceforward) by a registered deed dated 29.4.46 (Ext. G). The lease commenced with effect from 1.5.46 expiring on 30.4.56 with right of renewal for five years more at the option of the respondent at the same rent. Admittedly the tenancy continued even after 30.4.56 renewed on exercise of the right of renewal by the respondent, so says the appellant. The respondent did not vacate the suit land with the expiry of the terms of the renewed lease which continued till the end of April, 1961. Meanwhile Bai Hem Kaur died in or about