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24.The similar views were taken by the Supreme Court in Badrilal (supra), as well as in R.V. Bhupal Prasad (supra). It was held that possession of the licencee on the expiry of the licence period was that of a tenant at sufferance and was liable to ejectment in due course of law. His possession was not legal nor lawful. He may remain in possession until Page 17 he is ejected in due course in execution of the decree in the suit filed by the respondent. His possession cannot be considered to be settled possession. The Supreme Court held as under:

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13. In view of the settled position of law, the possession of the appellant is as tenant at sufferance and is liable to ejectment in due course of law. But his possession is not legal nor lawful. In other words, his possession of the theatre is unlawful or litigious possession. The appellant may remain in possession until he is ejected in due course in execution of the decree in the suit filed by the respondent. His possession cannot be considered to be settled Page 18 possession. He is akin to a trespasser, though initially he had lawful entry."