PABITRA KUMAR BANERJEE, J.

( 1 ) THESE two appeals are on behalf of the defendant Pieco Electronics and Electricals Ltd. (shortly the Company) and they arise out of two suits being T. S. Nos. 28 and 89 respectively of 1984 commenced by the plaintiff-respondents in the Court of the 4th Assistant District Judge, Alipore for a decree for eviction and mesne profits in respect of two flats and two garages described in the schedules to the respective plaints on the allegations inter alia that by two unregistered deeds of lease dated 1st February 1955 the defendant was inducted into the suit premises by Property Development Trust Private Limited at a monthly rental of Rs. 225/- and 250/- respectively for a period of 25 years and that in terms of the said lease the defendant was required to deliver up vacant possession to the lessor on the expiry of the lease. As the defendant failed and neglected to vacate the disputed premises even after the expiry of the tenure of the lease, the plaintiffs were obliged to file two suits for the reliefs hereinbefore stated.

( 2 ) THE defence is one of the right of a monthly tenant which it is stated to have come into existence by payment to and accepta

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