DR. M. K. SHARMA. J.

( 1 ) THE main issue that falls for consideration in this appeal is whether the appellantis a lessee or a licensee which is to be arrived at on the basis of the interpretationand construction of the agreement between the appellant/defendant and therespondent/plaintiff and marked Ex. PW2/1 and on the basis of surroundingcircumstances. The trial court held that the appellant is a licensee which was affirmedby the appellate court as against which the present appeal has been preferred.

( 2 ) THE respondent/plaintiff is the owner of shop No. 5, Line No. C, Gaushala marg,kishan Ganj, Delhi. The appellant/defendant took the aforesaid shop from the plaintiffas a licensee vide license deed dated 11. 6. 1980 at the rate of Rs. 50. 00per month forthe purpose of selling milk and milk products for the benefit of workers and theirfamilies residing in the DCM colony. The said license was for 2 years and wasrevokable even prior to that without assigning any reason. The said license wasrevoked by the respondent/plaintiff by a notice dated 12. 8. 1981. As the appellantdefendant failed to deliver possession of the said shop even after revocation of thelicense a suit was institute

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