JAGDISH SAHAI, J. :- This special appeal by leave granted by Bishambhar Dayal, J. is directed against his judgment dated 31-12-1959 dismissing with costs Second Appeal No. 485 of 1952, filed by the appellants, Shanker Lal and Pyare Lal, sons of one Lala Kundan Lal Agarwal. The facts giving rise to this special appeal in short are :

In the City of Saharanpur lies the disputed plot (plot bearing Khasra No. 766 of Khewat No. 171). This plot belonged to Hulas Chand and Bilas Chand. In May 1930 these persons granted a permanent lease of this plot to the Patel Mills Ltd., who were to pay Rs. 75/- per year as rent. In the terms of the lease it was provided that the lease could use it for any purpose including the construction of building and that it would not be liable for ejectment, except that in the case of non-payment of rent for three consecutive years, the lease could be forfeited.

On 1st November 1932 Hulas Chand and Bilas Chand sold their rights in the plot in dispute to Budh Sen and Jia Lal, Jia Lal died on 27th April 1943 and his heirs on 11th May 1943 transferred their rights in favour of Jugal Kishore. Before this Budh Sen had already transferred his rights in favour of