SATNAM KAUR Vs. RAMGARHIA EDUCATIONAL COUNCIL

JUDGEMENT

(1.) THIS revision petition by the defendant is directed against the order of Sub Judge Ist Class Phagwara, dated March 25, 1977, rejecting the application for framing additional issues.

(2.) THE suit giving rise to this petition was filed by the respondent for a mandatory injunction requiring the defendant to deliver the possession of the suit property with the allegations that the defendant was put in occupation of the said property as licensee vide agreement dated March 18, 1970, according to which she was allowed to use and occupy the said premises till she was able to arrange for another accommodation but with a stipulation that such period was not to exceed five years in the case.

(3.) THE reasons given by the trial Court for rejecting the application do do not appear to be sound but the application has to be rejected in view of the provisions of Section 116 of the Indian Evidence Act which provides that the licensee is not entitled to dispute the title of the person who granted the licence. Both the pleas raised by the defendant are derogatory to the title of the plaintiff and as such the defendant is not entitled to raise them as a defence to the suit based on a licence.