BRUNDABAN JENA Vs. RAM CHANDRA MISRA AND ORS.

JUDGEMENT

(1.) DEFENDANT is the Appellant against the confirming decision of the District Judge of Cuttack. The suit was one for ejectment on the basis that the Defendant was a licensee and as he had no house of his own, he was permitted to construct a temporary shed to be removed whenever the Plaintiffs required. Plaintiffs asked the Defendant to vacate by a notice (Ext. 3) dated 6th August 1954.

(2.) THE Defendant relied upon an unregistered and unstamped permanent lease (Ext. E) dated 25th August 1942 in support of his title and further claimed title by being in adverse possession for more than 12 years.

(3.) MR . Pal for the Appellant did not assail the concurrent findings of fact and advanced a contention on the strength of Section 60 of the Easement Act that the construction was of a permanent character and the licensee (the Defendant) acting upon the license had executed this work of permanent character and as such was not evictable Section 60(b) is as follows: