1. The first defendant in a suit for recovery of possession with arrears of rent is the appellant in this appeal. The plaintiff sought to recover 3 items of properties, which, according to him had been entrusted to the defendants under an oral arrangement entered into on 17th September, 1955 whereunder Rs. 162/-was agreed to be payable as rent, Rs. 100/- being rent of item 1 and Rs. 62/- being rent of items 2 and 3 and whereunder the defendants also agreed to surrender the property on demand. The plaint mentions default of payment of rent and the plaintiff seeks a decree for rent for the period from 17101958. For rent upto 17101958 a decree had already been obtained. This was in O. S.73 of 1958 on the file of the Subordinate Judge, Palghat. In that suit the first defendant had denied the rental arrangement but it had been found. The plaintiff claimed in the present suit, in the alternative, a decree for damages for use and occupation of the plaintiff's premises. There is also an allegation in the plaint that due to want of proper care and timely maintenance one of the buildings had fallen into ruins, and had practically collapsed. On this account the claim is made for d