WEISBERGER, Justice.
This case comes before us on appeal from a judgment entered in the Superior Court denying and dismissing a complaint by Kates Properties, Inc. (landlord), against Anthony J. Bove, d/b/a Mirabar Lounge (tenant), for possession and reasonable value of use and occupancy of the premises from and after the time of the notice to quit. This action had begun in the District Court wherein a judgment was entered in favor of the defendant by stipulation of the parties. The landlord appealed to the Superior Court. In the Superior Court an action had already been filed by the tenant charging that the landlord had attempted a self-help eviction and seeking injunctive relief therefrom. The trespass and ejectment action and the complaint for injunctive relief were consolidated. The Superior Court justice, after a nonjury trial, filed a rescript awarding judgment for the tenant in the trespass and ejectment action on the ground that the tenancy had been reinsti-tuted by acceptance of rent during penden-cy of the action in the District Court. The Superior Court denied the tenant’s claim for damages in the companion case. The landlord’s counterclaim for damages had been previously dismissed without prejudice in the course of trial. From these judgments the landlord appeals. We affirm.