ORDER

Having heard learned counsel for the petitioners we are inclined to agree with the reasoning adopted by the High Court in the impugned order. Mr. Adhyaru, learned counsel for the petitioners has vehemently contended that on the death of the alleged licensee pending proceedings before the Trial Court the proceedings abated. For that purpose he strongly relied upon a Division Bench judgment of the Madras High Court in Chinnan v. Ranjithammal1. In the said decision the Division Bench of the High Court has taken the view that a licence granted under Section 59 of the Easements Act is not annexed to property, it is not transferable or heritable and once the licensor parts with the property or the licensee dies, the licence comes to an end. Strictly speaking this decision can be of no avail on the facts of the present case as the alleged licensee has died pending the proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as the Act ). However, he sought better sustenance from a latter decision of the Madras High Court rendered by a learned Single Judge in the case of M. Ranganatham Pillai v. T. Govindarajulu Naidu2. The said decision, o