JUDGMENT :- This Second Appeal has been filed, by the defendant in a suit for recovery of a sum of Rs. 2,562-50 as arrears of rent due in respect of the defendant's tenancy of a building.

2. The defendant has been a tenant of the building in question, except for two upstairs rooms, for a number of years, running a coffee and meals hotel in the premises. It is the common case of the parties that the agreed rent till 8th February, 1960, was Rs. 112-50 per month. There is evidence on record that, in the middle of 1959 itself, the plaintiff had been seeking to evict the defendant and had been refusing to receive the rent at the rate of Rs. 112-50 per month. The plaintiff would have it that it was not his intention to get an enhanced rent, but to secure vacant possession of the building for the purpose of repairs and improvements.

It is the plaintiffs case that, on 8th February, 1960, there was an agreement between him and the defendant at the intercession of one Natesan Pillai, P. W. 2 in this case whereunder the defendant agreed to pay rent at the rate of Rs. 200 per mensem from 1st of Masi, 1960, that notwithstanding this agreement, the defendant failed to pay the agreed rent of Rs. 20

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