( 1 ) THE facts inter alia leading to this writ petition are that there was an agreement for leave and licence dated 3/08/1991, between the father of the writ petitioner and the respondent No. 5 on the basis of which the respondent No. 5 was to stay in two rooms and one toilet in the ground floor of premises No. 23/34 Gariahat Road, Police Station Lake, Calcutta-29 up to 5/07/1992. It is also the case of the petitioner that two notices were served dated 2/04/1992 and 25/06/1992, respectively upon the respondent No. 5 asking him to deliver vacant possession on the expiry of the licence period i. e. 5/07/1992. It has been alleged that on receipt of the said two notices, on 19/02/1993 the respondent No. a delivered vacant possession of the demised premises but kept few articles in one of the room of the demised premises with a promise and/or assurance that he would take back his goods within a period of a fortnight, in default he will pay Rs. 100. 00 per day as damage charges for keeping those articles in the said room.

( 2 ) IT has also been alleged that after 5/07/1992 the writ petitioner or his father did not take a single Paise on account of license fee and after 5/