( 1 ) THE facts of this application are briefly as follows: One Prafulla Kumar Mitra is tenant of premises No. 2, Chowringhee Road, Calcutta, wherein he runs a Hotel called the 'bristol Hotel'. In October 1953, he sub-let the ground floor of the said premises to the Respondent No. 2 Haripada Bhowmick as a monthly tenant. The said Haripada Bhowmick was carrying on the business of an eating house therein, known as the 'kalpataru Cafeteria. ' The running of such an eating house requires the grant of a license by the Commissioner of Police, Calcutta under Section 39 of the Calcutta Police Act 1866 read with Section 6 (2) of Bengal Act V of 1909 and Section 3 of Act VII of 1912. Bhowmick had taken out such a license. Section 39 of the Calcutta Police Act 1866 (hereinafter referred to as the 'act') runs as follows:"the Commissioner of Police may at his discretion, from time to time, grant licenses to the keepers of such houses or places of public resort and entertainment us aforesaid for which no license as is specified in the Bengal Excise Act 1909 is required, upon such conditions, to be inserted in every such license as he, with the sanction of the said State Governme