C. V. N. SASTRY, J.

( 1 ) THESE two Second Appeals, one filed by the defendant and the other filed by the plaintiff, arise out of the suit filed by the landlord against the tenant for ejectment and for arrears of rent and also for damages for use and occupation.

( 2 ) THE tenancy is not in dispute. It is an oral tenancy from month to month. The agreed rent was Rs. 450/- per month. The landlord terminated the tenancy by a quit notice dated 22-7-1976 terminating the tenancy by the end of August, 1976. He claimed besides the relief of possession, arrears of rent for two months at the agreed rate of Rs. 450/- per month and damages at the rate of Rs. 900/- per month from 1-9-1976. There was an ex parte decree passed in the suit on 18-7-1979. In execution of the decree, the landlord obtained delivery of possession of the premises on 24-10-1981. Subsequently at the instance of the tenant the decree in so far as it related to the grant of damages only was set aside by an order of this Court passed in Civil Revision petition with a direction to the trial Court to frame an additional issue as to whether the suit was not maintainable in view of the decision of the Supreme Court in Motor genera

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