Tapan Mukherjee, J. - (1.) - This appeal being No. S.A. 394 of 2000 at the instance of the defendant No. 1 is directed against the judgment and decree passed by the Ld. First Appellate Court in Title Appeal No. 73 of 99 affirming the judgment and decree of the Ld. Trial Court passed in T.S. 183 of 84. Another appeal being number S.A. 216 of 91 is directed against the judgment and decree passed by the Ld. First Appellate Court in Title Appeal No. 411 of 89 affirming the judgment and decree of the Ld. Trial Court in T.S. No. 161 of 84. Title Suit No. 161 of 84 was brought by the appellant against the respondents for declaration that he is tenant in respect of suit premises and also for injunction. The Title Suit No. 183 of 84 was brought by the landlord/respondent for ejectment.
(2.) Both the appeals have been heard analogously.
(3.) The case of the respondents/landlord is that the Indian Institute of Management at Joka within District 24 Parganas (South) took tenancy of the suit premises at a monthly rental of Rs. 1000/- payable according to English calendar month exclusively for accommodating its employee, the appellant. Thereafter, by letter dated 11.7.84, the Institute informed the respondents/landlord that the appellant had left the service of Institute and Institute no longer required the suit premises with effect from 1.8.84 and the Institute would not be responsible for payment of the rent to the suit premises after 31 st July, 1984. The respondent/landlord asked the Institute to deliver vacant possession of the suit premises to them on 1.8.84 and demanded arrear rent. The Institute paid the arrear rent after adjustment of the security deposit but the appellant failed to deliver the possession of the suit premises and as such suit far ejectment was filed.;