In the second appeal,the Full Bench of the High Court reversed the decree of thetrial Court anddismissed the suit.
58 of 1976.
The admitted facts are that the respondent had entered into and agreement of lease of land with the predecessor in title of the appellant on January 5,1953 for a period of seven years onpayment of premium of Rs.30/ p.a.
Theappellant had issued a numberice on December 12,1959asking the respondent to vacatethe land and deliver the possessionon January 1, 1960.The respondent has resisted the companytentions raised in the suit filed by the appellant for ejectment of the respondent from the demised property.
Thus this appeal by special leave.
On appeal, the Additional District Judge companyfirmed the same.
The housewas gutted in afire on April 4, 1958 and thereafterthe respondent reconstructed the house.
The trial Court decreed thesuit.
The respondent companystructeda house therein within five years from the date of the lease.
This appeal by special leave arises fromthe judgment of theFull Bench of the High Courtof Assam, made on 24.8.1982 in S.A. No.
for the appellant A. Syed and S.K. Nandy, Advs.for theRespondents O R D E R The following order of thecourt was delivered O R D E R Substitution allowed.
