( 1 ) THERE are two appeals. These two appeals arise put of two suits between the same parties. In one, which was Title Suit No. 55 of 1962, the predecessor of the present respondents was the plaintiff and the present appellant was the defendant. In the other suit, which was Title Suit No. 86 of 1963, the present appellant was the plaintiff and the predecessor of the present respondents was the defendant. Both the suits were over the dispute between the parties regarding a property which was the common disputed property in both, the suits. The background of that dispute was the undisputed fact that Gour Chandra Das, who was the predecessor of the present respondents was the owner of the suit land and he inducted the present appellant Prabhu Dayal Marwari into possession of the suit land as a tenant by a contract of tenancy which has been brought in the evidence in the case as Exhibit F. In it there was a stipulation that the tenant will pay a monthly rent at first fixed at Rs. 9-8 annas per month and a hut will be constructed costs of which construction will be initially borne by the said tenant Prabhu Dayal Marwari, but the amount of the expenses of the constructi