R.C. Lahoti, J. -- 1. The defendants have come up in appeal aggrieved by the judgment and decree of the lower appellate Court directing a suit for restoration of possession to be decreed in reversal of the decree of the trial Court which had dismissed the suit.

2. On 16.6.69 the plaintiff filed the suit, initially seeking relief of issuance of permanent preventive injunction simply alleging that he was a tenant holding the suit property on tenancy having raised thereon a Takhat (wooden platform) with the permission of the Municipal Corporation and that in denial of the right of the plaintiff to occupy the suit property, the defendants in collusion were attempting at interfering with his right to enjoy it. It appears that the plaintiff has also sought for an ad-interim injunction protecting his possession which having been denied, the plaintiff amended the plaint by alleging further that he had ,been deprived of the possession and was entitled to restoration thereof.

3. The defendants in their written statement denied the case of the plaintiff and submitted that the plaintiff was granted on 4.9.67 merely a licence to use the premises which licence having been terminated on acc