( 1 ) THIS second appeal has been preferred against the judgement and decree dated 18-7-85 passed by IV Addl. Civil Judge, Varanasi in Civil Appeal No. 156 of 1975 by which the judgement and decree dated 9-1-75 passed by III Addl. Munsif, Varanasi in Original Suit No. 17 of 1971 decreeing the suit of the plaintiff with costs for ejectment and possession was set aside.

( 2 ) PLAINTIFF-APPELLANT Ali Nasan later on substituted by his heir Nurul Haq filed a suit (No. 17 of 1971) for possession and ejectment of the defendant-respondents on the allegations that premises bearing Municipal No. J-28/55, Agaganj, Jaitpur, Varanasi was the sole property of Abdul Gafoor, Abdul Shakoor, Smt. Fatima Bibi, Shami Ullah and Smt. Nabbubat Bibi. The defendants who were near relations of the plaintiff were permitted to live in the south eastern portion of the said premises as licensees. All the above owners executed a gift-deed in favour of Smt. Saira Bibi daughter of Abdul Gafoor. The defendants thus became licensee of Smt. Saira Bibi. On 12-5-1970 Smt. Saira Bibi sold the above premises inclusive of the portion in possession of the defendants to the plaintiff. A sale deed was execu