Aloke Chakrabarti, J. - (1.) The facts relevant for disposal of the present appeal are that one Pulin Chandra Daw and his three brothers being the then owners of premises no. 57. Diamond Harbour Road, Calcutta, measuring about 7 Bighas 7 Kathas and 11 Chit tacks demised the said premises by a lease deed dated December 25, 1956 in favour of M/s. Bungo Steel Furniture Pvt. Ltd. for 25 years commencing from December 1, 1956 with an option for renewal for further 25 years on same terms and conditions. By a deed of partition dated February 21, 1957, the said property was exclusively allotted to the share of Pulin Daw and he became the sole and absolute owner thereof.
(2.) By a further deed of lease dated November 6, 1962. Pulin Daw granted lease of the said premises in favour of M/s. Bungo Steel Furniture Pvt. Ltd. providing a prohibitory clause against transfer or subletting without prior written consent of the lessor.
(3.) Pulin Daw filed Suit No. 2255 of 1969 against M/s. Bungo Steel Furniture Pvt. Ltd. on the ground of default in payment of rent. Pulin Daw again instituted Title Suit No. 43 of 1972 against M/s. Bungo Steel Furniture Pvt. Ltd. for ejectment of the lessee on the ground of default. This suit was decreed on September 10, 1979 and M/s. Bungo Steel Furniture Pvt. Ltd. (hereinafter referred to as Judgment Debtor) preferred an appeal which was also dismissed on July 21, 1980 whereupon, the judgment debtor preferred second appeal before the High Court being S.A. No. 49 of 1981. During pendency of the appeal Pulin Daw died leaving four legal heirs (herein after referred as landlord decree holders moved the Hon'ble Supreme Court of India challenging the said judgment and decree in the second appeal and the Special Leave was granted.;