JUDGMENT - S.K. DESAI, J.:---The writ petition is by the aggrieved opponent in Ejectment Application No. 104/E of 1984. The said application had been filed by the landlord who is the respondent before me. The landlord's claim was that he had given certain premises on licence to the occupant in April /May, 1973. Further according to the landlord the occupant had requested for permission to stay in the premises for a limited period in order to secure medical treatment for his wife. The occupant's case, as revealed in the points of defence, is that he was in occupation of the premises since December, 1971, and that he was paying Rs. 15/- per month for the room he was exclusively occupying. It was claimed by the respondent that the landlord was not issuing any receipts in respect of the said payment and that a similar practice was followed by the landlord for other tenants/occupants. The opponent also claimed to have given a deposit of Rs. 2,000/- (two thousand) to the landlord at the time when he was given permission to stay in the room.

2. By subsequent amendment of the points of defence the occupant also took up the plea of tenancy in the alternative since he was claiming to be in ex

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