Hon’ble Harsh Kumar, J.—This is defendant’s second appeal against the judgment and decree passed by Ist Additional Civil Judge, Gorakhpur on 22.4.1988 in Civil Appeal No. 384 of 1986 “Ramesh Chandra v. Ram Niwas”, arising out of Original Suit No. 342 of 1974 “Ramesh Chandra v. Ram Niwas”, by which allowing the Civil Appeal No. 384 of 1986 and setting aside the judgment and decree passed by trial Court, the suit of plaintiff for possession was decreed.

2. The brief facts relating to the present appeal are that plaintiff-respondent Ramesh Chandra filed civil suit against Ram Niwas on 28.2.1974 for a decree of ejectment and possession as well as for recovery of damages for use and occupation with the allegations, that the defendant was in possession of the house in suit as lecensee with the permission of Ram Kishun; that Ram Kishun had executed a will deed in favour of his wife Smt. Murta Devi, who died intestate on 15.11.1972 leaving behind her the only heir and legal representative, her husband Ram Kishun; that Ram Kishun executed a will deed in favour of plaintiff on 27.12.1972 and upon death of Ram Kishun on 5.11.1973, the plaintiff became exclusive owner of the house in s