The third respondent took on lease the demised premises from respondents 1 and 2 under a registered lease deed dated September 11, 1948, the lease being for five years at monthly rent of Rs. 20001- v.·ith an option. for E renewal to· be exercised by a notice two months before the expiry of tho IC25e. Respondent 3 was the managing director of the appellnnt company. During the period of the aforesaid lease, the appellant company was accepted as tenant of the demised premises and the Company paid the rent reserved under the lease being Rs. 2000/- per mensem. The period reserved under the leac:e ·expired on August 31, 1953. But before the expiry of the period an application was made by the appellant for fixation of standard F · rent .of the demised premises under· the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. In October 1953, respondent 1 and Z as lessors commenced an ejeCtment action against the appellant and the third respondent on the ground that the lease had expired and the le88Ce had failed to exercise the option for ·renewal. During the pendency of the a.forementibned actions,. the par.ties· compromised and the consent decree inter alia provided thnt the company would_ be the tenant on a monthly G rent of Rs. 1000/- from !st 11-!arch, 1955 for a period of 5 years and that, after the period of five years there shall be no renewal of the lease~ t.ito lcuoe shall be treated as trespasser.. An indenture of lease was also to be dmwn up and executed by both the parties in terms of the COD!Cnt decree. On the expiry of the aforesaid term of five years - on 29th February~ 1960, respondents 1 and 2, lessors having enteroo and Jocked .. a portion of the demised premises, the company filed a suit on 11-!arch 14, 1960 agai.,t H ents 1 and 2, lessors and the proforma respondent 3 for a declara. tion -that the company was the tenant of the premises ind for an injunction retra.ining respondents 1 and 2 from interfering v.ith its tenancy rights.
