CHAKRAVARTTI, C.J.: - This is an appeal from a judgment and order of Bose J., dated 2nd February 1951 by which the learned Judge dismissed an application made by the appellants for certain orders under S.45, Specific Relief Act and writs of Mandamus against the Commissioner of Police, Calcutta and the Corporation of Calcutta.

2. It has been held in the case of - Chairman, Budge Budge Municipality v. Mangru Mia, A.O.O. No.77 of 1951 which was heard along with this case, that an appeal lies. Of the two respondents in the appeal, the appellants abandoned their case against the Commissioner of Police. Only the case against the Corporation of Calcutta therefore requires to be considered.

3. Briefly stated, the facts are that two plots of land, situated at the junction of Gariahata Road and Ekdalia Road, were purchased in the names of three ladies, Nihar Kumari Debi, Sunayana Debi and Smriti Kana Debi. Who the actual purchasers were, whether the ladies themselves or they and Ganga Gobinda Mukherjee, the husband of Smriti Kana or the joint family, it is not very clear. Be that as it may, after the purchase of the plots, Ganga Gobinda approached the Commissioner of Police for permis