A. K. PATNAIK, J.

( 1 ) THIS is a second appeal by defendant No. 1 against the decision of the Additional Subordinate Judge, Cuttack in Title Appeal No. 30/5 of 1975/79 reversing the decision dated 16-1-75/24-1-75 of the Additional Munsif, Cuttack in Title Suit No. 97 of 1971 and decreeing the suit declaring the defendant No. 1 as a licensee and directing recovery of possession and permanent injunction restraining the said defendant from interfering with the right, title and possession of the plaintiff in regard to the suit property.

( 2 ) PURSUANT to a gift made by her father under registered deed of gift dated 13-5-1939, the plaintiff alleged to have acquired title to the property and remained in enjoyment thereof. She constructed two houses on the land which was lying fallow, occupied one and allowed the defendant No. 1 to occupy the other on payment of Rs. 10/- per month as rent or licence fee for use and occupation of the said house. She got her name mutated and obtained a lease from the Khasmahal. Though initially the property in dispute was mutated in the name of defendant No. 1, ultimately mutation was made in the name of the plaintiff. With a view to evict the said defend