( 1 ) THIS is a plaintiffs second appeal against a decision of the Additional Civil Judge of farrukhabad dismissing his suit for possession of a house and the land surrounding it which has been described as a sahan. The plaintiff Sukh Basi Lal alleged in his plaint that he is the owner of the house situate in the abadi of the village Pipergaori in the district of Farrukhabad, that this house was let out to the defendant Durjan Singh on rent, that the defendant was asked to vacate the house but refused to do so; hence the suit.

( 2 ) THE defendant contested it and denied that he was a tenant, though he admitted that the plaintiff is the owner of the property in dispute. He alleged that about 35 years ago he built the house on the site of a Khandhal with the permission of the plaintiff who had allowed him to live in it ewer since. The defendant pleaded that as he had constructed the house at his own expense he was a licences whose licence was protected by Section 60 of the Easements Act and irrevocable.

( 3 ) THE trial court believed the plaintiffs version and held that the defendant was a tenant; consequently it passed the decree against the tenant and for damages.