(1) THIS Second Appeal has been preferred against the judgment dated 25. 2. 2005, as passed by the learned Additional District Judge, 2nd Fast track Court, Alipore in Title Appeal No. 134 of 2004.

(2) CASE of the appellants is that one Dr. Goutam Narayan Aditya, the husband of Smt. Anjana Aditya, the defendant/respondent, was a licensee in respect of the suit premises under the original plaintiff Gopal Mukherjee. Said Gopal Mukherjee was the absolute owner of premises No. 30a, Arya samity Road, P. S. Behala. The original defendant-Dr. Goutam Narayan Aditya, being in need of accommodation, approached the said original plaintiff Gopal mukherjee in the month of September, 1993 to occupy the suit premises as a licensee for a period of three years. The original plaintiffs/landlord agreed to such proposal and an agreement Of leave and license was entered in between the parties on 1. 10. 1993. It was agreed that the license was granted for a period of three years on terms and conditions stated therein and at the time of such induction, the original defendant-Dr. Goutam Narayan Aditya assured the original plaintiff that he would purchase a house within a short time and vacate th