Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of a plaintiff in a suit for declaration that it is a tenant governed under the provisions of the West Bengal Premises Tenancy Act and for permanent injunction restraining the defendant from interfering with the possession of the plaintiff and in any way affecting the right of the plaintiff as a premises tenant and this appeal is preferred against the judgment and decree dated 13th June, 1995 passed by the learned Trial Judge thereby dismissing the suit
(2.) The following facts are not in dispute 1). The plaintiff was put into possession of the suit property as a tenant on 1 st October, 1965 and long thereafter, on 25th October, 1967 a registered deed of lease was executed between the parties by which the plaintiff was recognised as a lessee for ten years with effect from 1st October, 1965, the date of initial induction It was specifically provided in the said deed of lease that the lease would come to an end with the expiry of 30th September, 1975 with a clause of renewal at the instance of the lessee 2). In spite of expiry of the said lease, the plaintiff continued in possession and subsequently, on 13th September. 1976 another registered lease-deed was executed by the parties by which it was stipulated that the second term of the lease would continue from 1 st October, 1975 and would come to an end on 30th September, 1985. (3). Subsequently, the suit was filed by the plaintiff for declaration that the plaintiff was a monthly tenant governed by the provisions of the West Bengal Premises Tenancy Act
(3.) The defendant contested the suit by filing written statement thereby contending, inter alia, that the plaintiff having enjoyed the tenancy for a continuous period of twenty years by virtue of two successive registered deeds of lease of ten years each, the tenancy did not come within the purview of the West Bengal Premises Tenancy Act;