B.D.Singh, J.

1. These two appeals are directed against the judgment and decree passed in Title Suit No. 62 of 1962. First Appeal No. 360 of 1964 is at the instance or Ramayan Saran, Principal and Secretary, Patna Public School, who was defendant in the suit, being aggrieved by the order of the Court below directing eviction of the defendant from the ten stalls (Nos. 55 to 64) owned by the Patna Improvement Trust and located in Block No, 4 at Rajendra Nagar, in which the defendant was running the school. First Appeal No. 418 of 1964 is at the instance of the Patna Improvement Trust through its Chairman, who was plaintiff in the suit since the Court below refused to grant a decree for arrears of rent amounting to Rs. 17,580-89 P. as claimed by the plaintiff against the defendant. Both these appeals have been heard together since they arise out of the same judgment and decree and this common judgment will govern both of them.

2. The plaintiff instituted the suit on the 3rd July, 1962, alleging, inter alia, that on the 29th December, 1960, the defendant approached the plaintiff for fifteen vacant rooms in the Central Market No. 4 at Rajendra Nagar for holding classes of his sc