Pradyot Kumar Banerjee, J. - (1.) This appeal arises out of a suit for eviction of the defendant from the suit premises No. 266A. Chittaranjan Avenue, Calcutta. The plaintiffs are the owners of the suit premises. Yashwant Waman Bal died leaving behind the plaintiffs as his heirs and legal representatives. The predecessor-in interest of the plaintiffs leased out to one Lall Behari Mullick the suit premises by a registered deed of lease dated 11th July, 1966 at a monthly rent of 160/-. The said lease, inter alia, contained the lessees covenant that the lease was for the life time of the lessee and that the lessees heirs, executors, administrators, representatives and assigns must yield up and delivered quiet, peaceful and vacant possession of the demised premises within 3 months of the date of the death of the lessee, unconditionally and without any objection whatsoever and they shall have no right to hold over the demised premises after the said period for any length of time under any circumstances. The lessee having died on 16th December, 1970 and the defendant not having delivered quiet and peaceful possession to the lessors heirs, the suit was brought for khas possession of the premises. The case of the defendant as set out in paragraph 11 is as follows:- "11. The defendants specifically state that Lall Behari Mullick having died on 16th December, 190 the Registered lease dated 11th July 1966 has come to the category of a Lease for less than 5 years by operation of statutory law and so the matter is governed by the West Bengal Premises Tenancy Act, 1956. The defendants who resided in the suit premises with said Lall Behari Mullick during his life time, have become monthly tenants under the plaintiffs by operation of law and they are still residing therein as monthly tenants. After the death of Lall Behari mullick the rent for the suit premises was tendered to the plaintiff No. 1 by postal money order by the defendant No. I. On refusal to accept the said tender of rent the defendants have been duly dispositing their rent for the suit premises month by month with the Rent Controller, Calcutta." Admittedly the lease was registered and executed on 11th July, 1967. It is also admitted that Lall Behari Mullick died on 16th December, 1970. In this case the question for adjudication is whether the West Bengal Premises Tenancy Act applies or not. The Court below held that as the lessee died within 5 years, the lease must be held to be for a period less than 20 years and in view of the proviso to section 3 sub-section (2) of the West Bengal Premises Tenancy Act, 1956, the Act is applicable.
(2.) Mr. B. C. Dutt on behalf of the appellant contended that the lease for life is a lease for an indefinite period and is governed by section 111 (b)of the Transfer of Property Act and is determined with the demise of the lessee and the defendants heirs have no right, title and interest in the lease. The lease for life is not a lease for either '5 years or 20 years and cannot come within the mischief of section 3 of the West Bengal Premises Tenancy Act.
(3.) Mr. Saha on behalf of the defendant-respondent relied upon the case reported in (1849) Vol-III of Durnford & Easts Reports. 462 and contended that with the death of the lessee the term of the lease will be for a definite period. The point for determination is whether the lease for a life is a lease within the meaning of section 3 sub-section (2) of the West Bengal Premises Tenancy Act. The lease for life is a lease for an indefinite period.;