AGARWALA, J.: - This is an application for leave to appeal to the Supreme Court. The facts, briefly stated are as follows:

2. Certain plots of land were let out by three persons, Govind Prasad Sen, Krishna Prasad Sen and Ram Prasad Sen, brothers, to one Moolchand by means of a deed of lease D/-30-9-35 for a period of ten years on a monthly rent of Rs 52/8/-. The lease was renewable at the expiration of ten years tor another period of ten years. There was a condition in the lease that in case of default of payment of rent for six months the lease was to determine and the lessors were given a right of re-entry over the land. The lessee Mool Chand made costly constructions over the land and it is alleged that this was done under an agreement of sale between the lessors and the lessee which, however, did not materialise.

Later on Moolchand sublet the land and the buildings to the applicant before us, namely, Sri Theatres Limited, on an annual rent of Rs.1350/-. Moolchand did not pay the monthly rent as agreed upon in the lease, and consequently the Sens gave him notice on 7-8-1952 determining his teancy and requiring him to vacate the land.

On 27-9-1943 the Sens sold the land and