PRABIRENDRA NATH NANDAY Vs. NARENDRA NATH NANDAY

JUDGEMENT

(1.) This appeal raises a pure question of law which does not appear to be covered by any direct authority of this court, viz., whether the owner of an immoveable property can, on the termination of a license, maintain a suit against his licensee for a mandatory injunction directing him to vacate the property.

(2.) In order to appreciate how the above question of law has arisen in this appeal it is necessary to state the following facts:---

(3.) One deceased Bhabani Nath Nandi, a Superintendent of Police owned a house in Raja-shahi town which is now in East Pakistan. After the partition of Bengal he migrated to West Bengal and rented a house in Berhampore town within Murshidabad District belonging to a Muhammedan named Afazuddin Ahmed a Muk-tear of the local courts. The latter in his turn migrated to East Pakistan and occupied Bhabani Nath Nandy's house at Rajashahi as a tenant. Neither party paid any rent as the rents of the two houses being of the same amount were mutually set off. Bhabani's nephew Naren-dra Nath Nandy, respondent of this appeal was a defendant in the trial court. He was a dependent of Bhabani and was allowed to occupy a part of the Berhampore house which is now in dispute as a caretaker and licensee. After the death of Bhabani his widow Sm. Mokshada Nandi and the two appellants of this appeal, who are grandsons of Bhabani by a predeceased son, terminated the alleged license and brought the present suit asking the defendant respondent to vacate the portion of the house occupied by him. The latter did not comply with this request and so the present suit was instituted by them. Mokshada died during the pendency of the suit in the trial court.