1. The question to be decided in this case depends upon the true effect of Ex. P 1 dated 17-8-1964 executed by the defendant in favour of the plaintiff.

2. The plaint A schedule property comprises an extent of 45 3/4 cents of land and a cinema theatre standing thereon by name 'Pioneer Theatre' in Irinjalakuda. The suit is for preventive injunction to restrain the defendant from entering into the plaint A schedule property and conducting cinema shows in the Pioneer Theatre and for mandatory injunction directing him to hand over the movables mentioned in the plaint B schedule to the plaintiff. The plaintiffs case is that by Ex. P 1 the defendant was given a personal privilege to conduct cinema shows in the 'Pioneer Theatre' for which purpose the theatre along with the movables mentioned in the plaint B schedule were entrusted to him. Since the term of three years in Ex. P 1 is over it is alleged by the plaintiff that the defendant is no longer entitled to conduct the shows. The defendant's plea is that Ex. P 1 is a lease and that he is not a mere licensee and that therefore the suit is not maintainable. It is further contended by the defendant that he has constructed a boo