14. The basis for claiming relief is oral agreement of lease between the plaintiff and defendant No. 1 to run a school on monthly rent of Rs. 200/-. To substantiate the contentions of the plaintiff, the plaintiff relied on Exs. A1 and A2, decree copy in O.S.No. 59 of 1969 and execution petition filed in O.S No. 59 of 1969 to establish that the property originally belongs to the plaintiff and defendant No. 1 and two others were evicted by way of decree and judgment of the suit and execution petition was filed in the said suit. The defendant denied the actual delivery of property while contending that it is only a paper delivery. No evidence was adduced to prove actual delivery of property. However, based on the delivery recorded by the executing Court, the delivery has to be accepted. Assuming for a moment, the property was delivered to the plaintiff in the year 1971 allowing the defendants to continue in possession of the property without any fresh agreement of lease does not amount to a tenancy by holding over. But it is only tenancy at sufferance as the first defendant came into possession of land by lawful title, but holds it wrongfully after termination or even after ordering eviction in a tenant at sufferance by fiction and his possession though distinguishable with possession of trespasser in the property, after eviction.
