Adarsh Kumar Goel, J.

1. The appellant filed suit for mandatory injunction to direct the defendant to vacate Shop No. 6, in Jagatjit Cinema, Kapurthala.

2. Case of the appellant is that it is running Jagatjit Cinema and the defendant was a licensee under terms and conditions of agreement of licence dated 22.12.1979 which was to commence on 1.1.1980 and expire on 30.11.1980. The license expired but the defendant did not vacate the shop in spite of notice dated 7.1.1981 served on him.

3. The defendant contested the suit, claiming that he was .a tenant and tenancy was protected under the provisions of the Rent Act. It was further stated that the defendant was already a tenant at a monthly rent and rent was being increased every year. The plaintiff maneuvered to get signatures of the defendant on the alleged licence deed only to put constant pressure for enhancement of rent in future. Terms and conditions of rent note were never agreed upon by the defendant.

4. The trial Court dismissed the suit. Referring to Ex.P. 6, licence deed, it was observed that the defendant was in exclusive possession and plaintiff did not retain possession or control. Business run by the defendant was