( 1 ) THIS is a plaintiffs appeal arising out of a suit for possession over a shop situate in Qila, district Aligarh. The petitioner was the owner of the disputed shop. On being requested by the defendant for giving the shop temporarily, the plaintiff inducted the defendant into possession of the shop as a licensee. The defendant was asked to vacate the shop after three months in august 1963, but the defendant did not do so. Consequently, the plaintiff gave him a notice dated 5-11-1963 revoking the licence. The defendant did not pay any heed to the notice and continued in possession of the shop. Consequently, the plaintiff filed Suit No. 238 of 1967 in the court of judge Small Causes, Aligarh for recovery of mesne profits from the defendant. The suit was contested by the defendant on the ground that he was not a licensee, but was a tenant. On 11-8-1967 the suit was decreed for compensation with effect from 1-8-1963 up to 31-3-1967. The defendant filed a revision against the said judgment. The revision was rejected. Thereafter, the plaintiff brought the suit giving rise to the present appeal for recovery of possession on the allegation that since the defendant was