( 1 ) THESE two appeals are by the defendants Steuart and Company Limited against two decrees for ejectment passed by Sri J. N. Mallick, Subordinate Judge, Second Court, Alipore. The tenancy which is the subject-matter of first appeal No. 55 of 1956 (Title Suit No. 31 of 1953} is 38/1, Panditiya Road, Ballygunge corresponding to part of old premises Nos. 37 and 38 Panditiya Road; the rate of rent in respect of this tenancy is Rs. 500/- per month. The subject-matter of first appeal No. 268 of 1956 (Title Suit No. 30 of 1953) is 37 and 38 Panditiya Road, Ballygunge corresponding to old premises No. 37/1 and portion of 38 Panditiya Road; the rent of this tenancy is Rs. 200/- per month.

( 2 ) THE history of the tenancies is briefly as follows: On 22nd December, 1913, M. Mackertich and Frank Ernest Bushby let out the subject-matter of Title Suit No. 31 or 1953, i. e. , portion of premises Nos. 37 and 38 Panditiya Road (new No. 38/1) covering an area of approximately 7 bighas 9 cottahs 5 chattacks and 9 Sq. Ft. to 4 persons viz. , Walter Bushby, Frank Earnest Bushby, Geoffrey Berridge Page and William Shenton for the purpose of their business, their business being described as