( 1 ) THESE two appeals arise of the same, judgment and decree passed by the Sub-Ordinate Judge, 2nd Court, Alipore in T. S. No. 246/81 and T S No. 123/84 tried analogously by the Learned Trial Judge under the order of High Court, Calcutta. The facts of these two suits may be briefly stated as follows: -ONE Bidyut Sarkar has filed the T. S. No 246/81 before the Learned Trial Judge alleging that he is the owner of the flat in suit. He agreed to sell the same to one Smt. Anjali Das, the defendant in February, 1980 for a consideration of Rs. 48,800/- subject to the permission being granted by Vidyasagar Samabaya Abasan Samity Limited, a registered Co-operative Society under which the plaintiff was holding the flat in suit. Inspite of his sincere attempts, both the plaintiff and the defendant failed to obtain necessary permission from the said Samity. As such, the Agreement dated 7. 4. 80 was cancelled Meanwhile, the defendant was allowed by the plaintiff to stay in the suit flat as licensee. The Samity objected to such illegal occupation of the defendant and asked the plaintiff to get it vacated by the defendant. The plaintiff then asked the defendant to quit and va