( 1 ) THIS appeal raises a pure question of law which does not appear to be covered by any direct authority of this court, viz. , whether the owner of an immoveable property can, on the termination of a license, maintain a suit against his licensee for a mandatory injunction directing him to vacate the property.

( 2 ) IN order to appreciate how the above question of law has arisen in this appeal it is necessary to state the following facts:---

( 3 ) ONE deceased Bhabani Nath Nandi, a Superintendent of Police owned a house in Raja-shahi town which is now in East Pakistan. After the partition of Bengal he migrated to West Bengal and rented a house in Berhampore town within Murshidabad District belonging to a Muhammedan named Afazuddin Ahmed a Muk-tear of the local courts. The latter in his turn migrated to East Pakistan and occupied Bhabani Nath Nandy's house at Rajashahi as a tenant. Neither party paid any rent as the rents of the two houses being of the same amount were mutually set off. Bhabani's nephew Naren-dra Nath Nandy, respondent of this appeal was a defendant in the trial court. He was a dependent of Bhabani and was allowed to occupy a part of the B