Since the issues involved in both the second appeals are common, they are taken up together for final disposal.

2. The appellant in both the second appeals is Palani Municipal Council through its Commissioner. The respondents in both the appeals are the tenants of the appellant in respect of the shops in Palani bus stand. They became lessees of the shops in the public auction held on 19.12.83 on monthly rent. They entered into lease agreements with the appellant Council. The lease agreements entitled the respondents to be lessees till 31.3.86. Complaining non payment of rent by the respondents, the appellant filed two separate suits for recovery of rental arrears and those suits were decreed. Subsequent to that, the appellant filed O.S.Nos.369 and 360 of 1989 claiming damages for unauthorised occupation of the shops by the respondents for the periods from 1.4.86 to 31.8.86 and from April 1986 to March 1987 respectively. The trial Court after considering the materials dismissed the suit in O.S.No.369 of 1989 on the ground that the appellant ought to have made the claim even when it filed the earlier suit for recovery of arrears of rent from the respondent and the subsequ