JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Plaintiff is the appellant before us.

Father of the respondent was owner of four godowns and the land surrounding them admeasuring 1 acre and 4 guntas being Survey No.462, situated at Village Saikheda, Taluka Niphad, District Nasik. The said godowns were numberd as Grampanchayat No.753 to 761. Indisputably, a deed of sale was executed by the father of the respondent in favour of Vimal Chand Ghevar Chand Jain & Co., a partnership firm, on or about 29.6.1974. The said deed of sale was registered at Mumbai. Respondent himself was a witness to the said deed of sale.

On or about 1.7.1978, the possession of the said property was allegedly handed over to the father of the respondent as a licensee at an agreed licence fee of Rs.1,257.50 per month. The said partnership firm was dissolved pursuant whereto the appellant became the owner of the said property. Appellants contend that the respondent had made payments towards licence fee by a cheque but when deposited, the same was dishonoured.

On the said contention, appellant filed a suit for recovery of possession which was marked as Special Suit No.330 of 1987 praying, inter alia, for the followin