TURAB GHOSI Vs. LAXMI AGARWAL

JUDGEMENT

(1.) This second appeal is directed against dismissal of the appellant's First Appeal No. 218 of 1980 by IIIrd Additional District Judge, Sitapur, who confirmed the decree passed by Sri S. K. Saxena, Munsiff, Sitapur in Regular No. 151 of 1979, in favour of plaintiff-respondents Smt. Laxmi Agar-wal and Sandeep Agarwal, ordering ejectment of the defendant-appellant Turab Ghosi from a portion of house No. 216-430, Mohalla Vijai Laxmi Nagar, Sitapur.

(2.) One Smt. Shyama Devi Tandon, widow of Sri GUR Prasad Tandon, was admittedly the original owner of the house which was purchased by the plaintiffs from her on 19-2-1979. The defend-ant-appellant had been in occupation of the disputed portion of the house since the times of Smt. Shyama Devi Tandon.

(3.) The case of the plaintiff-respondents was that the defendant-appellant Turab Ghosi had been permitted by Smt Shyama Devi Tandon to live in the disputed portion (which consists of two rooms) as a licencee, Smt. Shyama Devi Tandon had given a registered notice dt. 14-11-1977 terminating the licence, but she could not file a suit for ejectment and ultimately after purchase of the house of the plaintiff-respondents, they gave a registered notice dt. 19-3-1979 to the defendant-appellant revoking the licence and asking him to vacate the accommodation and further claiming damages at the rate of Rs. 15/- per month from 15-11-1977 the date on which the licence was revoked by Smt. Shyama Devi Tandon.