( 1 ) I have heard Sri i. g. gachchinamath, counsel for the appellant and Sri t. s. amar kumar, counsel for the respondent.

( 2 ) THIS second appeal under Section 100 of the Civil Procedure Code, arises from the judgment and decree dated 15-11-1991, delivered by the principal civil judge, hubli, in regular appeal No. 85 of 1983, dismissing the defendant's legal representatives first appeal from the judgment and decree dated 13-7-1983, passed by 1st additional munsiff, hubli, in regular suit in o. s. no. 596 of 1981, affirming the judgment and decree of the trial court, decreeing the plaintiff-respondent's suit for mandatory injunction for delivery of possession and for recovery of the sums as licence fee. 2-a. The facts of the case in nutshell are that the plaintiff- respondent filed the suit giving rise to the second appeal for the grant of mandatory injunction directing the defendant to vacate the suit premises and for recovery of a sum of Rs. 913-15, being licence fee for the period from 6-10-1976 to 6-12-1981, together with costs. The plaintiff-respondent alleged in the plaint with respect to the property in suit (more specifically described in the plaint of th