JUDGMENT :- The only short question of law we are called upon to answer in this second appeal is whether the wife has a right of residence in the house of her husband when the husband has willfully parted with his interest therein in favour of a third person and whether she can be evicted from such house as a licensee by the alienee.

2. The undisputed facts of this case are the plaintiff-appellant Shri Basudeb Dey Sarkar is the husbands brother or Smt. Chhaya Dey Sarkar the wife defendant-respondent the plaintiff-appellant brought this suit claiming to be the absolute owner of an undivided moity share in respect of a partly two storeyed and partly single storeyed brick built house and that his brother Gourhari Dey Sarkar the husband of the defendant-appellant was the owner of other undivided half share in the suit premises. It was alleged that due to family troubles the brother of the plaintiff i.e., the husband of the defendant-respondent was living apart and the appellant was living in one room on the ground floor of the suit premises. It was also alleged that brother of the plaintiff has filed a matrimonial suit against his wife which is still pending. It was the further