AMALENDU MUKHERJEE Vs. RAM KISHUN SINGH

JUDGEMENT

(1.) The following genealogy explains the relationship between some of the persons who figure in this litigation :

(2.) The descendants of Brajagopal Mukherjee owned a house at Monghyr in the State of Bihar. Since 1946, Ram Kishun Singh and Deb Chandra prasad Singh were occupying the house as tenants at a monthly rental of rs. 40. 00. In May 1949 the tenants stopped paying rent. By agreement, dated 17/01/1950, the tenants agreed to purchase the house from the owners, Aroarendra, Amalendu, Nirmalendu and Bimalendu for rs. 13,000. 00. The sale deed was to be completed by 30/05/1950. A sum of rs, 500. 00 paid by the tenants as earnest money was to stand forfeited if thetransaction was not completed. The tenants failed to pay the balance of the consideration and to take the sale deed, the owners thereupon claimed to have forfeited the earnest money.

(3.) In a proceeding initiated by one Amarendra for and on behalf of himself and the other owners before the House Controller, Monghyr, an order of eviction was made against the tenants. The order of the House controller was confirmed by the Collector, Monghyr, on 20/07/1953, and the tenants were given four months to vacate the premises. During the pendency of these proceedings, Amarendra died.