P. B. MUKHARJI, J.

( 1 ) THIS is an appeal from the judgment and decree dismissing the plaintiffs' suit for possession with costs. The point in the appeal raises the incidents and consequence of letting for immoral purpose. The moral and social perplexities of prostitution are not the concern of this court. Its legal perplexities demand this court's careful and anxious consideration.

( 2 ) THE plaintiffs are the executors and trustees of the Will dated 22-6-1946 of one Ranubala Dassi who died on 23-6-1946 leaving the premises in suit No. 9/2 Sonagachi Lane, Calcutta as part of her assets. The plaintiffs executors obtained probate of the Will from this Court on 15-8-1946. The plaint alleges that the premises were let out by Ranubala Dassi to the defendant for running a brothel, and that the defendant is a woman of the town who has been using the said premises as a brothel and for carrying on prostitution along with other inmates of the said house. A case of disorderliness, annoyance and nuisance is also made in the plaint. Within a month of the grant of the probate the plaintiffs served a notice on the defendant to vacate the premises on the ground that she was a prostitute and ca

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