( 1 ) THE instant Appeal is directed against the judgment and order dated 22-12-1992 passed by Susanta Chatterji, J. in C. O. No. 10579 (W) of 1992.

( 2 ) THE facts giving rise to the said writ petition may shortly be stated as follows :-one Molay Kumar Guha was originally the owner of the Hotel, namely, M/s. Sea Gull, on part of plot No. 240, Khata No. 96, Mouza-Govinda Basan, P. S. Ramnagar (at present Digha), District Midnapore. After obtaining a sanctioned plan from the then Authority, Pudima II Gram Panchayat, on 19-1-1990 for construction of five-storied building thereon, and raising partly finished two-storied building he had been carrying on Hotel business by paying taxes and complying with requisite formalities therefor. By a registered Deed of Conveyance dated 7-6-1991 Sushil Pal Chowdhury and Dulal Pal Chowdhury had purchased the said Hotel with all that partly finished two-storied pucca "l" pattern structure/building standing thereon, including the business of the Hotel and its goodwill. They had thereafter executed a Deed of Partnership on 5-8-1991 for carrying the Hotel business in the name and style "hotel Sea Gull". They continued to carry on