Judgment

SHAH, J. (For himself and Gajendragadkar, C.J.I.) : An action instituted by Phanindra Mohan Majumdar-hereinafter called the plaintiff on the original side of the High Court of Calcutta for a declaration that he "is the sole proprietor of and absolutely entitled to a boarding house business carried on in the name and style of International Home at 42, Harrison Road, Calcutta, and for an order for delivery of possession of the boarding house business" was decreed by a Single Judge, of the High Court, and the decree was confirmed in appeal under cl. 15 of the Letters Patent by a Division Bench of the High Court.

2. Surasaibalini Debi a trustee appointed under a deed of settlement dated August 23, 1952 executed by the defendant Prabhendra Mohan Gupta her father, was impleaded as a party on the death of the defendant has appealed to this Court with special leave.

3. The case of the plaintiff set out in his plaint was that in or about the year 1941 he took a lease of No. 42, Harrison Road, Calcutta and had started a boarding house business in the premises under the name and style of International Home, that he conducted the business with his own funds which belonged to him absolu