JUDGEMENT

Sethi, J. -Leave granted. Heard.

2. The respondent-plaintiff filed a suit against the appellant-defendant praying for the grant of mandatory and prohibitory injunction seeking eviction allegedly on the ground of his being a licencee. In the written statement filed the appellant herein pleaded that he was not a licencee but a lessee. During the trial of the suit the appellant filed an application for amendment of the written statement to incorporate an alternative plea that in case the court found that the defendant was a licencee, he was not liable to be evicted as according to him the licence was irrevocable. He further wanted to add a plea that first and second prayers in the plaint were barred by limitation and that as acting upon the licence he has executed works of permanent nature and incurred expenses in execution of the same, his licence cannot be revoked by the grantor under Section 60(b) of the Indian Eastements Act, 1882. The prayer was rejected by the Trial Court as also by the High Court on the ground that the proposed amendment was mutually destructinve which, if allowed, would amount to permitting the defendant to withdraw the admission allegedly made by him