Bose, C J—This is a suit for possession of a plot of land. The deft appeals.

2. The pltf is admittedly the owner of the site. His case is that in the year 1937 he gave the deft a licence to occupy the site for the purpose of building a hut thereon but on the condition that the deft would vacate the site & remove his hut whenever he was called upon to do so. The matter was reduced to writing & is Ex. P-3 dated 3-8-1937. The document is written by the deft & imports an admission of the terms on which he was given the site. It says,

Whereas I have taken your malguzari land behind the Ganj, length 30 feet towards the north from Ganj & breadth 15 feet, on a rent of Rs. 4/8/- per year for building a hut thereon; I shall continue to pay the rent regularly every month, 'I shall remove the hut & vacate the site whenever you desire....' & at the time of vacating the hut I shall not charge any price of any kind of material from you.

3. The pltf gave the deft notice to vacate the site on 31-10-1943. He also says that the deft, not content with building on this site, encroached upon another site & allowed his building to extend into the encroached area. The suit is for possession of that a