(1) THE short question that arises for consideration is whether Ex. P-1 dated 11-9-1979 is a licence or a lease. We may extract the document Ex. P-1 :

"I Swarn Singh, s/o Raghbir Singh, r/o Mohalla Bawiyan, Kapurthala do hereby declare as under: I have taken one plot having enclosure at the spot, the plot number whereof is 22/9, bounded on the east by house, on the west by road, on the north by house and on the south by house, owned and possessed by Madan Singh, s/o Sadhu Singh, r/o Kapurthala, from its plot owner at the rate of Rs.200 per month for 11 months as licence fee. I shall pay fee every month to the owner without any objection against a receipt. It will be under me for use and occupation. I shall not sublet it further to anybody else. The possession and control shall remain with the owner. I, the executant, shall continue doing the work in tractor garage. The owner can come for inspection at any time he likes. This writing shall never be considered as rent deed nor I, the executant, shall consider myself as tenant. On the expiry of limitation of the licence deed, I, the executant shall execute a writing afresh. In case of refusal, the owner can take legal proc