RAMAKRISHNAN, J.:- The main point on which the fate of the case rests is the construction of an agreement between the appellant-defendant and respondent-plaintiff and marked as Ext. Al in the suit. The trial court construed it as a licence. The said finding has been challenged in this appeal by the defendant.

2. The plaintiff the owner of a building with municipal No. 9/207 permitted the defendant to use a portion of the building and its premises subject to the terms and conditions contained in Ext. A1 agreement. The portion of the building and premises thus permitted to be used by the defendant is described in the schedule to Ext. A1 as follows :

"The open yard measuring 10' x 17' in front of the office room together with the said office room measuing 17' x 7'6" and the god own measuring 46'6" x 15'9" to the south of the office and Pandikasala of the licensors in premises No. 9/207 abutting Beach Road in Nagaram Amsom and Desom, Calicut City."

In Ext. A1 the plaintiff and defendant are respectively referred to as licensor and licensee. The agreement was dated 1-11-1972 and was for a period of 11 months. The monthly remuneration or fee agreed to be paid by the licensee was Rs