JUDGMENT :

1. A suit for mandatory injunction to evict the defendant from the plaint schedule building was dismissed by both the Courts below finding that Ext.A2 agreement is not a licence but a lease, against which the plaintiff came up with this appeal.

2. The construction of Ext.A2 agreement by the courts below and whether it would constitute a lease or licence is certainly a substantial question of law for the purpose of this appeal. What makes the difference between lease and licence was elaborately considered by this Court in George Chandi and Others v. Beena and Others [2018 KHC 5252 = 2018 (4) KLJ 1] and laid down the tests to determine lease or licence. The nomenclature of the document is not decisive. A mere permission given to hold the property or to possess the same without having a right of possession would constitute only a licence. Ext.A2 is styled as a licence. Clause (1) deals with user of the premises and its occupation for a period of 11 months. Clause (2) deals with the payment of licence fee. Clause (3) says that licence fee should be paid on or before the first day of each month. Clause (4) permits to use the premises for the business of sale of LPG gas stove. C