JYOTIRMAY BHATTACHARYA,J. - (1.) Several applications were filed by the parties in this abated appeal. Before dealing with the merit of those applications, I feel it necessary to give some background of this litigation for proper appreciation of the context in which those applications were filed.
(2.) Accordingly I record hereinafter the short background of this litigation. On 30th May, 1935 a non -agricultural tenancy was granted by the Remesh Chandra Mondal in favour of the predecessor -in -interest of the appellant viz. Goursiddhi Chandra in respect of the suit property for a period of 20 years with permission to erect permanent structure thereon. The original lessee constructed a pucca cinema hall on the demised land. The original lessor viz. Ramesh Chandra Mondal died in the year 1937 leaving behind him his three sons, viz. Jagadindra Kumar Mondal, Manindra Mondal and Dinendra Kumar Mondal. The original lessee, viz. Goursiddhi Chandra died in 1941 leaving behind him his three sons, viz. Sanat Chandra, Bikash Ranjan Chandra and Ashok Kumar Chandra.
(3.) The lease executed on 30th May 1935 expired on 30th May, 1955 by efflux of time. Since after the expiry of the lease period, the successor of the original lessee did not vacate the suit premises, a suit for eviction was filed against the heirs of the original lessee, viz. Sanat and his two brothers on 27th May, 1959.;