Chakravorti, J.

This is an appeal by the defendants against the judgment and decree paned in Title Suit No. 80 of 1965 of the 4th Court of Subordinate Judge at Alipore.

2. The suit was instituted by the plaintiff Biswanath Banerjee against the defendants, Debendra Chandra Dalui and Prabhash Chandra Dalui for recovery of arrears of rent with interest thereon. The simple case of the plaintiff is that the disputed property was leased out to the defendants by a registered deed of lease dated 26th, September, 1946 which was to take effect from 1st April, 1946. It was a lease initially for a term of 10 years reserving a monthly rent of 200/-. The lease contained clauses for further extension of two more terms of five years each at enhanced rate of Rs.250/- and 300/- respectively. The defendants failed to pay rent for a long time the total period of arrears being from April, 1959 to March, 1961 at the rata of Rs.250/- per month and from April 1961 to December, 1965 at the rate of Rs.300/- per month. Total claim was laid at Rs.15,671 with interest at 12%.

3. The defendant contested the suit mainly on the plea that they were Thika tenants under the Calcutta Thika Tenancy Act and as suc