Kanhaiya Singh, J.

1. These two consolidated appeals by the defendant from the concurrent decisions of the Courts below arise out of two suits for ejectment and recovery of damages for use and occupation and will be disposed of by one judgment.

2. The suits relate to a house standing on survey plot 1162 appertaining to khata 163 situate In the town of Buxar and the defendant appellant is in occupation of it. The plaintiffs claim to nave become the landlords of the house by virtue of a deed of surrender executed in their favour by their mother, Kamala Devi, and their maternal grand mother Sumitra Devi their maternal grand father, Balram Prasad Das, having predecesed his wife Sumitra without any issue other than the plaintiffs mother.

They asserted that the defendants were tenants of the house in suit at a monthly rental of Rs. 7. Their case is that the defendants defaulted in payment of rent and in fact paid no rent since after February 1946. On 1-6-1946, they served the defendants with a notice to quit the house by 30-6-1946, and deliver to them vacant possession. The defendants refused to vacate the house.

Thereupon, the plaintiffs instituted on 29-11-1946, Title Suit 185