( 1 ) THE F. A. No. 33/90 arises out of the judgment and decree passed in Ejectment Suit No. 400/81 and F. A. No. 34/90 arises out of the judgment and decree passed in Ejectment Suit No. 399/81. Both the ejectment suits have been tried analogously by the Ld. Judge 2nd Bench, City Civil Court at Calcutta and a common judgment dated 7th December, 1988 has been delivered having taken up the hearing of both the suits analogously as the plaintiff in both the suits were same and the defendants were the two different premises tenant in the same premises No. 100a, Serpentine Lane, Calcutta. In Ejectment Suit No. 400/81 the grounds for ejectment are- (1) the plaintiff requires the suit premises for reasonable requirement on rebuilding the premises, (2) the defendant was guilty of conduct, which was nuisance and annoyance, to the plaintiff and neighbours and (3) the defendant was guilty of act of, waste or negligence or default resulting in material deterioration of the condition of the premises and has, thus violated the provision of Clauses (m), (o) and (p) of section 1018 of the Transfer of Property Act.

( 2 ) IN Ejectment Suit No. 399/81 the same grounds for eviction