KRUSHNA CHANDRA PATNAIK Vs. RAMJILAL AGARWALLA

JUDGEMENT

(1.) THE plaintiff in an action for specific performance of a contract is the appellant aggrieved by an order dated 31/10/1969 of the learned Subordinate Judge of Cuttack in refusing to restrain the respondent from proceeding with an action for eviction under the House Rent Control Act.

(2.) THE respondent is the purchaser of a house located in the town of Cuttack. THE appellant alleges that there was a contract in his favour by the admitted owner of the property for sale. As there has been breach of that contract, he has instituted a suit for specific performance of contract in T. S. No. 15 of 1969. THE said suit is pending trial. Before the suit was instituted, the defendant-respondent initiated an action under the House Rent Control Act for eviction of the plaintiff-appellant who is admittedly in possession of the premises. According to the plaintiff, he was previously a tenant, but ever since the contract he has been living in the house as the owner. THE sale deed, however, has not been executed and he has filed the suit for the same.