( 1 ) THIS is defendants second appeal against the judgment and decree dated 25-9-1985 of the Civil Judge, Roorkee whereby he dismissed the first appeal filed by the defendant against the judgment of the trial Court, decreeing the plaintiffs suit for mandatory injunction directing the defendant to vacate the house in his occupation, and restraining him from using the same. The late plaintiff respondent-Shitalpuri filed the suit in the trial Court alleging therein that he is permanent lessee of a plot situate in Mohalla Subhasganj of Roorkee town described and bounded at foot of the plaint. In the eastern portion, thereof there is a room belonging to the plaintiff. The said room was lying vacant and locked, as the plaintiff lives elsewhere. Some time ago the defendant with certain influential persons acquainted with the plaintiff approached him and requested to allow him to reside in aforesaid room as licensee. The plaintiff accordingly gave a right to the defendant to occupy this room as a licensee with condition that as and when he was allotted a departmental quarter he will vacate the same. This promise was also repeated subsequently as and when plaintiff enqu