JUDGMENT - Patel, J.

(1) This is an appeal by the defendant who has failed in both the courts is a suit which arose out the occupation of the suit premises by the defendants apparently as licensee. The plaintiff is the owner of the flat in suit situate in the Churchgate Co - operative Housing Society Ltd. On the 15th of the November 1959, the defendants was let in the possession of the her agreeing to execute a document of leave and license and the document was actually executed between the parties on the 6th November 1959. The documents is at exhibit a. It purported to be for a period of 11 months. In terms of the document an attempt was made to obtain forcible possession without resort to court, but the plaintiff did nonsuccess, with the result that the present suit was filed in the city civil court at the Bombay as short causes suit for recovery of the possession from the defendants on the basis of that the license was ended to terminated. The relieves claimed were endear to the terminated. The relief claimed were those a mandatory inject and court - fee and was paid on the footing that the suit was one for mandatory inject contending that the was tenant, that the premises were

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