1. Plaintiff is the appellant in the second appeal. His suit for declaration of tenancy right and injunction was allowed by the trial court, but dismissed by the appellate court.

2. The entire ground floor, first floor and eight rooms in the second floor of a three storied building was taken on rent by the appellant from the prior owner for running a hotel and lodge. After respondent purchased the budding he attorned to him and was paying rent at the rate of Rs. 500/- per month. Even before the purchase made by the respondent, there was huge arrears of rent. The sale deed authorised the respondent to collect the same. On the ground that there was arrears of rent, the respondent obtained an order for eviction against the appellant in R.C.O.P. 7 of 1967 from the Rent Control Court, Muvattupuzha. For about seven years the order was not executed and the respondent continued to receive whatever payments made by the appellant towards rent. When the respondent filed execution petition in 1975 the appellant resisted the same by contending that the order for eviction was discharged by payment of the arrears of rent and superseded by a fresh agreement to continue in possession as