( 1 ) THIS is defendants Second Appeal against the decree and judgment dated 1st Feb. , 1968 of the district Judge, Bulandshahr, affirming the decree of the trial Court,

( 2 ) THIS is a suit for possession over the house and shop along with flour mill in suit. According to the plaintiffs case, he had four brothers including Pyare Lal. There had been a partition amongst all the five brothers in the year 1923. The building in question, the upper portion of which is used as a residential quarter and in the lower portion of which a flour mill is installed, was allotted to Pyare Lal, Pyare Lal executed a will in his favour and under that will, the building was given to him. He died twenty years back. It was further alleged that during the lifetime of Pyare Lal, he had installed the flour mill but subsequently he permitted his son rajeshwar (father of Mahendra and husband of Rameshwari) to use the same as licensee. Rajeswar and his family were also given permission to live in the house and thus, they had been living therein at the plaintiffs sufferance.

( 3 ) THE suit was contested by the defendants on the allegation that on account of difference between Rajeshwar and Shya