1. This appeal has come to this Bench on a reference by a single Judge. The appellant Kshiroda Sundari Bhattacharyya was defendant No. 2 in the suit out of which this second appeal has arisen. Bhupendra Mohan Deb and Nripendra Mohan Deb who are arrayed as respondents 1 and 2 to the present appeal, filed a suit for ejectment of the defendant from the suit land.
The plaintiffs claimed to be the sole proprietors of the Tea Estate known as Krishna Gobinda Horish Chandra Tea Estate comprising the suit land with all tea plants, factory, sheds, bungalow and all other houses and structures standing thereon. By executing a registered lease dated 24-5-1950 Srimati Lilarani Chanda impleaded as defendant No. 1 in the suit, took the aforesaid tea estate on lease from the plaintiffs and entered into possession thereof.
Under clause 19 of the lease on breach of certain conditions, the lessors were entitled to re - enter the leased land. A notice