herein and subsequently, Nalininath Mitra (one of the lessees) had also applied for renewal of lease in the year 1972 and he had expired on 13/12/1975 and on 23/12/1975 advocate of Late Nalininath Mitra replied to a letter issued by Tahsildar by intimating the death of Nalininath Mitra and had prayed that the application for renewal filed be treated to have been made on behalf of Khagendrabala Mitra and Jatindranath Mitra, the mother and brother of Nalininath Mitra respectively. In the partition suit, the suit properties were exclusively allotted to the share of the plaintiffs/respondents herein vide decree dated 10/12/1973 and as such the plaintiffs had approached the authorities for the renewal of the lease, in the year 1980 for which, no reply was furnished to them. Further when they made enquiries in 1983, they came to know that the defendant/appellant had initiated suo moto proceedings in the year 1975 and without issuing notice to the plaintiffs, the lease had been determined on