Rule. Rule made returnable forthwith.

2. Heard. By consent of the parties taken up for final hearing.

3. The petition takes exception to the Judgment and decree dated 3rd July, 2008 passed in Appeal No. 527/2003 by the Appellate Bench of the Small Causes Court, thereby reversing the Judgment and order dated 25th February, 2003 passed in L.E.& C. Suit No. 135/145/1995.

4. The facts in brief giving rise to the present petition are as under:

It is the case of the plaintiff that the petitioner-defendant had approached him in the first week of June 1970 requesting him to grant permission to occupy the suit garage on certain terms and conditions. It is the case of the plaintiff that the said garage was purchased by him from one Shri I.S. Johar. According to the plaintiff the plaintiff permitted the defendant to use the said garage, initially without payment of any compensation, as the relations between them were friendly and the agreement of leave and license dated 3rd June, 1970 was entered into between the parties. It is further the case of the plaintiff, that the defendant had given friendly loan of Rs. 9000/-free of interest to the plaintiff. As per the leave and license a