Shivaraj Patil, J.

1. These two appeals arise against the same judgment and decree dated 21. 1992 passed in C.S.No.261 of 1983. O.S.A.No.39 of 1992 is filed by the defendant in the said suit, and O.S.A.No.217 of 1993 is filed by the plaintiff in the same suit. For convenience the parties will be referred to in this judgment as they were arrayed in the suit itself.

2. Briefly stated, the facts leading to the filing of the appeals, can be stated thus: The defendant M/s. Sugesan and Company became a tenant of the plaintiff in respect of the suit premises bearing door No.38, Rajaji Salai, Madras in 1963. The last lease agreement was for a period of five years from 12. 1977 to 30.11.1982 on a rent of Rs.4,000 per month from 12. 1977 to 33. 1978 and at Rs.7,000 per month for remaining period of the lease. The said lease was terminated by notice dated 11. 1982. There was no agreement between the parties for extension of lease, as the defendant was not agreeable to pay future rent atleast at the rate of Rs.2 per sq.ft. Hence the defendant became liable to pay damages for use and occupation of the premises at the rate of Rs.48,080 per month from the date of termination of the