This is an appeal by the plaintiff whose suit for eviction of the defendant from the suit property as a licensee was decreed by the trial Court and dismissed by the first appellate Court.

The appellant, as plaintiff, filed a suit for recovery of khas possession of the suit land from the defendant. His case was that the suit land was purchased by him from one Abdul Rekib Choudhury by registered sale deed on 14.3.1952. He also got possession of the same. The defendant entered upon the suit land as a licensee with the assurance that he would vacate the same as and when demanded by the plaintiff. Later, on being asked to vacate, the defendant failed to do so. Consequently the suit was filed. The defendant denied the claim of the plaintiff that he (defendant) was a licensee. He claimed to be non-evictable tenant in respect of the suit land. The defendant categorically denied that he was a licensee liable to be evicted as claimed by the plaintiff.

The learned trial Court framed four issues. Issue No. 2 was : "Whether defendant No. 1 is a licensee under the plaintiff". The trial Court, on consideration of the evidence on record, cams to a finding that the defendant was not a tenant under t

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