This Civil Revision Petition raises an interesting question of law-whether the ejectment suit No. 2667 of 1946 which was laid against Vaduvam-balammal under section 41 of the Presidency Small Cause Courts Act lapsed with the death of Vaduvambalammal so that the suit could not be maintained as against her brother, Ranganatham Pillai as her legal representative. The argument for the second defendant, the petitioner in this case, against whom the ejectment suit was decreed by the Court below is that the cause of action contemplated by section 41 of the Presidency Small Cause Courts Act, where a licensee happens to be the person against whom a proceeding is sought to be taken in the first instance is something which necessarily expires with the death of the licensee. It is urged that with the death of the first defendant there was no proceeding to be continued against the second defendant as"holding under or by assignment from"the first defendant within the language of the section of the Act.

Reliance is placed for the submission on Chinnan v. Ranjithammal1, which holds after defining the legal incidents of a licence with reference to the English authorities as well as the provi