JUDGMENT

G.N. Ray, J.-Leave granted. Heard learned counsel for the parties.

2. The defendant in two suits being O.S. No. 633 of 1984 and O.S. No. 47 of 1985 filed in the court of learned Munsif, Kozhikode, is the appellant in this appeal. The respondent instituted suit No. O.S. 47 of 1985 against the defendant appellant for a mandatory injunction restraining him from entering the suit premises by contending that the said defendant was given licence to run a hotel business in the suit premises for a prescribed period and such leave and licence having expired, defendant had been illegally carrying on the business of hotel in the suit premises belonging to the plaintiff. The other suit being O.S.No.47 of 1985 was instituted against the defendant appellant for recovery of an amount of Rs.4082/- being the balance licence fee and interest. The defendant appellant contested both the suits by contending that the defendant was not a licencee for running the plaintiff s hotel business but he was inducted as a tenant on payment of daily rent as stipulated. The defendant appellant also contended that he had regularly paid the rent which was revised from time to time and after adjusting the arrea