Dipak Kumar Sen, J. - (1.) The material facts not in dispute are, inter alia, that Radha Devi, the respondent, as the owner of premises No.210, Chittaranjan Avenue, Calcutta, (hereinafter referred to as the said premises), executed an indenture of lease on the 9th November, 1954 demising in favour of the Burma Shell Oil Storage and Distributing Co. of India Ltd. (hereinafter referred to as the company) the said premises for a period of 20 years on and from the 1st September, 1954 in consideration of a premium of Rs.10,000/- and rent of Rs.900/- per month on, inter alia, the following terms and conditions :- a) The Company would be at liberty to excavate a tank and construct of erect buildings, pumping plants and accessories in the said premises for carrying on trade in petroleum, petroleum products, oil and motor accessories b) The existing tanks, structures, plants and outfit in the said premises as shown in the plan annexed to the deed of lease were recorded as belonging to the company absolutely and the respondent would have no claim thereto or to any additional structures or equipment that may be erected or brought in the said premises by the company. c) On the expiration of the lease or determination thereof earlier the company would deliver possession of the said premises to the respondent and remove therefrom with reasonable dispatch all buildings structures, plants and other property of the company therein and would restore the land to its original condition at its own cost and expenses. d) The company would be at liberty to underlet the said premises or any part thereof to any local dealer or agent for all or any of the purposes of trade as aforesaid without the consent of the respondent. Jatadhari Daw and Grandsons, a firm (hereinafter referred to as the dealer), was in possession or occupation of the said premises during the currency of the said lease.
(2.) The said lease expired by efflux of time on the 31st October, 1974. Successive notices were issued by and on behalf of the respondent on the 6th March, the 27th July, the 3rd September, and the 9th October, 1974 respectively calling upon the company to vacate the said premises and to deliver vacant possession thereof to the respondent on the expiry of the said lease.
(3.) The company and the said dealer did not deliver up vacant possession of the said premises to the respondent on the expiry of the said lease and have continued in possession thereafter.;