JUDGMENT :

1. Appellant-defendant has preferred this second appeal under Section 100 of Code of Civil Procedure against the judgment and decree dated 16.03.2022 passed in Civil First Appeal No.2/2021 (12/2021) by the Court of Additional District Judge No.2, Jaipur District, Jaipur, affirming the judgment and decree dated 06.08.2021 passed in Civil Suit No.148/2019 (06/18) by the Court of Additional Senior Civil Judge No.2, Jaipur District, Jaipur, whereby and whereunder the suit for possession, mesne profits and permanent injunction filed by respondent-plaintiff before the civil court has been decreed and the appellant-defendant has been directed to vacate and hand over the vacant possession of the suit premises as also to pay the arrears of mesne profits @ Rs.8,000/-per month until delivery of possession, which has been reduced by the first appellate court to Rs.4250/- per month.

2. Heard learned counsel for both parties & perused the impugned judgments and record.

3. Admittedly, the suit property is a residential houses comprising one hall, bedroom, kitchen, store & WC etc. situated in first floor of house No.123, Brahampuri, Jaipur.

4. It is not in dispute between the parties that the possession of aforesaid suit premises was given by the plaintiff to defendant through an agreement dated 03.05.2011 for a period of eleven months and later on this agreement was renewed by executing subsequent agreements time to time. All these agreements are undisputed between the parties and the appellant-defendant has admitted the execution as well as the contents of these agreements. These agreements are available on record from Exhibit 1 to Exhibit 6.

5. In the agreement dated 03.05.2011 (Ex.6), titled as “Agreement For Leave And Licence”, it was stated that possession of the house is being given to defendant on license and it is not a lease. Defendant also agreed to take the possession as license and not as lease. Such intention of parties stands clarified by the agreement and the Clauses A & B of the agreement reads as under:

"a) The Licensor hereby grants Leave and License to the Licensee to use and occupy the society premises for a period of 11 months for use as residential accommodation by the Licensee. b) For removal of doubts, it is hereby declared that thre is no intention between the parties to create any lease or tenancy in favour of the Licensee or any other person, the Licensee hereby agrees to remove him and his/her articles and quit, vacant and deliver possession of licensed premises on expiry of the period."

The license fee was determined initially @ Rs.3150/-which time to time enhanced to Rs.4250/-.

6. Plaintiff instituted the present civil suit for possession on 23.05.2018, stating inter alia that renewal of license by the last agreement dated 6.01.2016, the license of defendant was not renewed thereafter and because defendant did not make any payment of the license fee and arrears accrued against him, therefore, by issuing a legal notice dated 17.04.2018, the license of defendant was terminated and due arrears of license fee were claimed. Since defendant did not respond the notice, hence the present suit has been instituted on 23.05.2018.

7. Defendant submitted his written statement and admitted getting possession of the suit premises under the agreement dated 3.05.2011 as also admitted the renewal of agreement by the subsequent agreements. Defendant denied to receive any notice dated 17.4.2018 by the plaintiff and contended that no cause of action has accrued to plaintiff to institute the present civil suit for possession.

8. It is worthy to note here that in written statement, defendant has not taken any plea that the agreements in question are not license deed but these agreements were executed as lease deed or should not be construed as license deed. The defendant, although alleged himself to be a tenant but did not raise any defence that being a tenant, the suit is not triable by the civil court. There is no plea of