Judgment

Fazl Ali J.- The principal question for determination in this appeal is whether a certain lease had validly terminated by efflux of time or whether there was holding over" by the lessee of the leasehold property as contemplated in S.116, T. P. Act. The circumstances under which this question & several subsidiary questions to which reference will be made later have arisen may be briefly stated as follows.

2. The Province of Bengal (hereinafter, refd. to as the resp. 1 or pltf., is admittedly the owner of an area of 1125 bighas & odd of land in villages Akra. On 17-9-1928, the resp. 1 executed a lease (Ex. 3) in respect of the said land for 10 years for manufacture of bricks in favour of the applt. at a rental of Rs. 6,000 a year. The lease was to commence from 24-9-1928, & a year s rent was payable in advance. By the terms of the said lease, the lessee was prohibited from assigning or subletting the premises or any part thereof without the consent of the lessor except to a limited co. & the lease also contained a general provision that the lessee would at the expiration of the lease restore to the lessor the demised premises in as good condition as it was at the date of t