Debangsu Basak, J.

1. Appeal at the instance of the defendant is directed against a decree for eviction dated March 26, 2013 passed under Chapter XIII A of the Original Side Rules. Appellant is a tenant under the respondent in respect of flat No. 9 on the 9th floor of premises No. 12 A Camac Street, Kolkata together with a car parking area for two cars. Appellant paid rent till November, 2007. The last rent paid was Rs. 40,000 per month. The appellant came into possession of the suit premises under an agreement dated May 24, 2006. The agreement describes the landlord and the tenant as the licensor and the licensee respectively. The impugned judgment returns a finding that the license for all practical purposes was treated as a tenancy. No ground was urged before us contrary to such finding. Appellant filed a suit before the 6th Bench City Civil Court at Calcutta being Title Suit No. 493 of 2008 praying, inter-alia, for a declaration that the appellant was a tenant in respect of the suit premises under the respondent and for a permanent injunction restraining the respondent from creating any disturbance to the peaceful possession and enjoyment of the suit premises and not t