This is plaintiff’s Second Appeal.

2. The plaintiff had filed Special Civil Suit No. 237/91/A for declaration that the defendant has no right to occupy the room of the flat on the first floor of the northern block belonging to the plaintiff in the building named “Bela Vista Apartments” after revocation of the licence and expiry of 30 days time given to him to quit and vacate the said room; for direction to the defendant to quit and vacate the said room and lastly for recovery of monthly fee of Rs. 250/-from December, 1990 to May, 1991 and for payment of compensation of Rs.1000/-per month by the defendant from June 1991 for illegal possession of the said room till the same is restored to the plaintiff.

3. Case of the plaintiff, in short, was as follows:

He is the owner of a flat located on the first floor of the northern block facing the Luiz Miranda Road, Margao in the building known as “Belavista Apartments”. The second floor of the said northern block is owned by the defendant and he used to stay there with his family. The flat of plaintiff on the first floor was ready for use and occupation in May 1978, but the same was kept vacant in order to give it for use of any of his sons who might get married. However, since the construction work of the second floor of the defendant was going on, the defendant and his father requested the plaintiff to allow the defendant, who is a consulting physician and cardiologist, to have his consulting room in the living room of his flat on the first floor, pending the completion of the second floor. The plaintiff acceded to the request since their relations were cordial and the plaintiff had no doubt that the defendant would honour his promise to vacate the said living room once the second floor was ready. Accordingly, in October 1978, the plaintiff granted licence simply on parol to the defendant to use the said room as his consulting room. The defendant took endorsement of the plaintiff as “consent granted” on the letter dated 23/5/1978 addressed by the defendant to the plaintiff, but subsequently, the defendant added the words namely “consenting to the agreed lease” and the same addition must have been done after the filing of the suit. The plaintiff discovered this during his cross-examination when the letter was showed to him. The plaintiff never intended to lease out the said room. The defendant initially offered the fee of Rs. 250/-per month and from May, 1980 till November 1990 paid the same by cheques, but subsequently failed to pay the monthly fee. Though the defendant started his clinic in the said room in October 1978, however, in the year 1982 he engaged himself in building construction activities and totally neglected his medical practice and thus the said room was being used for business activities. One of the sons of the plaintiff got married in the year 1982 and started residing in the said flat on the first floor since 1983. The said son has two children and all are huddled in one bed-room without even a dining room. Son of the defendant went to reside in his flat on the second floor by the end of 1980 and the plaintiff has been urging the defendant to shift his consulting room to his own place, but the defendant stated that he was planning to construct a bungalow after which he would shift his consulting room to the flat on the second floor. The construction of the bungalow of the defendant was completed in September 1990 and the defendant shifted his family to the bungalow and kept the flat on the second floor closed. In the month of May 1991, the defendant cut the grills and frames of one of the windows in the said room to fix air conditioner which gave indication that he wants to remain in the said room. On 5/6/1991, the plaintiff gave notice of revocation of licence to the defendant and sufficient time of 30 days to quit and vacate the said room. The defendant replied the notice thereby claiming tenancy. Hence, the suit.

4. The defendant, by way of written state