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BUCKLAND, ASUTOSH MOOKERJEE
Jogendra Krishna Roy – Appellant
Versus
Kurpal Harshi and Co. – Respondent
JUDGMENT
Asutosh Mookerjee, J. - This is an appeal by the plaintiffs in a suit for realization of rent of a godown taken on lease by the defendant, firm. The case for the plaintiffs was, that the defendant, firm came into occupation in January 1917, under the arrangement that the tenancy would last for a term of three years ending in December 1919, and that the rent payable would be Rs. 250 a month. The defendants remained in occupation till the 31st Marsh 1918, but on the 27th February 1918 the plaintiffs were served with a notice of relinquishment. They forthwith protested that the tenancy would not be surrendered in this manner; but, notwithstanding: their objection, the defendants vacated the premises, with the result that the plaintiffs re-entered with effect from the 1st April 1918. The plaintiffs accordingly claimed rent for the unexpired period of the lease. The case for the defendants was that there was neither in fact nor in law a tenancy for three years, that the states of the defendants was that of a tenant from month to month and that the tenancy was terminated by the notice which was duly served. The defendants further contended that the plaintiffs were not entitled to
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