JUDGMENT

Gentle, J. - This appeal and the cross-objection relate to the boarding house license granted to the Respondent (applicant in the Court below) by the Commissioner of Police, Calcutta (Appellant before us) under sec. 39 of the Calcutta Police Act, 1866. The appeal is preferred by the Commissioner against the order made by Mr. Justice Ormond on the 31st August, 1944, under sec. 43 of the Specific Relief Act, requiring him and his subordinates to forbear from cancelling the license and from taking any proceedings against the Respondent upon any purported cancellation of the licence. The Respondent has preferred a memo of cross-objection against the learned Judge's refusal to grant similar relief by a writ of Prohibition or Certiorari. The facts arising in the appeal can now be stated. Since the year 1917. the premises, No. 144, Harrison Road, Calcutta, have been occupied by the Respondent. Rolla Ram Chopra, where he has continuously carried on the business known as the Punjab Hindu Hotel. The premises comprise 15 or 20 bed-rooms, conducted as a boarding house, and a restaurant or eating house, used both by residents and nonresidents. The Calcutta Police Act, 1866. requires kee