SUIT FOR MANDATORY INJUNCTION LAUNCHED TO OUST THE LICENSEE: If an interest in the property is created by virtue of a deed, it is a lease, but, if the document only permits another person to make use of the property of which the legal possession continues with the owner, it is a license. (Case law:Udai Pratap Singh v. Collector, Varanasi,AIR 1991 All 104 (DB) ) Suit for mandatory injunction can be filed by the plaintiff-licensor to oust the defendant-licensee after the expiry of the term of license. In the case of, Sant Lal Jain v. Avtar Singh reported in (1985) 2 SCC 332, it was held that, where a licensor approaches the Court for an injunction within a reasonable time after the license has terminated, then, the Court shall be obliged to grant him injunction, however, if the licensor causes huge delay, then, the Court may refuse to exercise its discretion apropos the grant of injunction on the ground that, the licensor has not been diligent and thus, in that case the licensor will have to institute a suit for possession which in fact will be governed by Section 7(v) of the Court Fees Act, 1870. In the case of, Milkha Singh v. Diana reported in AIR 1964 J&K 99, it was observed that the principle- ‘once a licensee always a licensee’, applies to all kinds of licenses, and it cannot be said that the moment the license is terminated, the possession of the licensee becomes that of a trespasser, that is, a Suit for mandatory injunction and not a suit for possession, will lie to oust the erstwhile licensee.