Bhattacharya, J. :

This first appeal is at the instance of a defendant in a suit for eviction and is directed against judgment and decree dated April 29, 1994 passed by the learned Judge, 9th Bench, City Civil Court at Calcutta in Title Suit No. 487 of 1971.

2. The respondents herein filed the aforesaid suit for declaration that the firm "Chowdhury and Company" stood dissolved on and from 30th December, 1968 and for accounts and also for a decree for a sum of Rs. 1,800/- being arrears of six monthly profits. During the pendency of the aforesaid suit an amendment was made and by virtue of the said amendment the respondents prayed for declaration that the appellant was in permissive occupation as a licensee under Sukumar Dawn during his life time and after his death under the plaintiffs for 10 years from August 11, 1967 ending with August 11, 1977. By the said amendment the respondent further prayed for recovery of possession of the suit property after eviction of the appellant therefrom. The case made out by the respondent in the aforesaid suit was, inter alia, as follows :

(a) Sukumar Dawn, the father of the respondents had been carrying on a business in "Oil-Mao Stores" i