M. S. A. Siddiqui, J.

( 1 ) THIS appeal, directed against the judgment and decree dated 15. 7. 1997 of the Additional District Judge, Delhi, pertains to a contest between the respondent No. 1/plaintiff seeking a decree for recovery of possession of the suit premises after termination of the licence, on the one hand and the appellant defendant No. 2 on the other wanting to continue as a tenant without being evicted therefrom.

( 2 ) ACCORDING to the case set up by the plaintiff in the plaint, defendant No. 1 was allowed to occupy the barsati floor of the property bearing No. F-9, South Extension, 11, Ring Road, New Delhi (hereinafter REFERRED TO to as the suit premises ) as a licensee as he was friend of her son, who is presently living abroad. Defendant No. 2 being a friend of the defendant No. 1, was a frequent visitor to her house. In the month of May, 1991, the defendant No. 2 came to reside with the defendant No. 1 for a week after obtaining oral permission from the plaintiff. In the meantime the defendant No. 1 vacated the suit premises but the defendant No. 2 avoided to vacate the same on one protext or the other. However, in August, 1991 the plaintiff terminated his licence a

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