AJOY NATH RAY, J. - (1.) This is an application from a judgment and decree allowing the refief of eviction to the plaintiff/respoadent as against the appellant/defendant.
(2.) The premises in question was occupied under a lease dated January 12. 1963. The farther case of the plaintiff is that the lease was far a period of 21 years, which expired in the month of January. 1964. Thereafter the defendant bad no right to occupy: the kaae period being of not less than 20 years, the West Bengal Premise Tenancy Act. i.e. the Rent Control Law of our State, had no application; the suit was. therefore, properly decreed.
(3.) The appellant, on the other hand, submitted that as early as In 1971 the ground floor of the premises in question, which was part of the property demised .under the written agreement, was surrendered. The original lessee was a partnership concern of the same name. T. C. I.. as the appellant, and it continued to occupy the first floor of the premises thereafter, being the balance of the demised property;