JUDGMENT :

DR. A.K. RATH, J.

1. Since the common question of facts and law are involved in both the appeals, the same were heard together and are disposed of by this common judgment.

2. The appellant and respondents in both the appeals shall be described as tenant and landlord respectively for the sake of clarity.

3. The tenant as plaintiff instituted T.S. No.10/100/2 of 96/98/04 in the court of the learned C.J.M.-cum-Civil Judge (Sr. Divn.), Jharsuguda for a declaration that he is a tenant under the defendants-landlord, notice dated 10.1.1996 issued by the defendant no.1 is invalid and inoperative and subsequent agreements entered into between him and defendant no.1 from 1.1.1989 are void and not binding on him.

4. The case of the tenant is that he was inducted as a tenant by Rampiyare Tiwari, common ancestor of defendants-landlord, in respect of the suit house on a monthly rent. The rent was increased from time to time and at present the monthly rent is Rs.450/-. Rampiyare Tiwari died in the year 1984 leaving behind the defendants-landlord. Defendant no.1 entered into an agreement on 1st January, 1989 with him in the guise of landlord without disclosing that he was acting on behalf of