1. This appeal by the plaintiff in O. S.280 of 1974 in the court of the 1st Additional Sub Judge, Ernakulam for recovery of arrears of rent with interest, is against that part of the judgment decreeing the cross-claim of the defendant-respondent.

2. Facts relevant for consideration of the issue involved in the appeal are few and they are as shown hereunder. The plaint schedule building belongs to the plaintiff-Dharmasthapanam. The defendant, the tenant of the building since 5th July 1954, is conducting his hotel business by name "Cochin Refreshment House" in the said building. While so, the defendant-respondent started paying rent at an enhanced of Rs. 300/-from 1957 onwards. In December 1972, the defendant-respondent without obtaining the consent of the plaintiff, commenced certain unauthorised works on the building and it resulted in the plaintiff-appellant filing the suit, O. S.982 of 1972 on the file of the Munsiff's Court, Ernakulam for an injunction restraining the respondent from carrying on the said works. The temporary injunction obtained by the plaintiff-appellant on 8-12-1972 was served on the defendant on the same day. It was at this stage Mr. P. K. Kunjalu,