Satyabrata Mitra, J. - (1.) The short point we are called upon to answer in this appeal is whether the defendants/respondents in this appeal are thieka tenants within the meaning of Calcutta Thieka Tenancy Act, 1949 in respect of one cottah of land with broken structures thereon comprised in premises No. 89 Monohardas Street near Barabazar at Calcutta (hereinafter referred to as the demised premises).
(2.) It is the common case of both the parties that the predecessors- in- interest of the defendants were inducted as tenants by the predecessors-in interest of the plaintiffs who were the shebaits of the deity Sri lswar Lakshmi Janardan Jew in respect of the demised premises to whom the said premises belonged.
(3.) The defendants were inducted in the demised premises as tenants under a registered lease dated 4th Jaistha, 1340 B.S corresponding to the year 1933 for a period initially for 9 years, with option for renewal for a similar period, on a monthly rental of Rs. 1 and annas 8 (Re. 1. 50p.) per day.;