MAHURILAL AGARWALLA Vs. DUSASAN SAHU AND ORS.

JUDGEMENT

(1.) LATE Raja Hrudaya Chandra Deb of the ex -State of Talcher owned a house standing on plot No. 3071 within the municipal limits of Talcher Town. Petitioner was a monthly tenant in that house. According to Petitioner, Raja Hrudaya Chandra decided to sell the house to the Petitioner for a consideration of Rs. 25,000/ - and received a sum of Rs. 5,000/ - out of the consideration. The agreement of sale was executed by Raja Hrudaya Chandra's eldest son Sri Soubhagya Chandra Deb. It was agreed that on receiving the balance amount of consideration money, the sale deed would be duly executed. Raja Hrudaya Chandra died on 11 -9 -1970 and in spite of several approaches, Soubhagya did not execute the sale deed on receiving the balance money. Petitioner continued to be in possession of the house as before.

(2.) LEARNED Counsel for the Petitioner places reliance on the provisions of Sections 39, 44(3) and 45 of the Act in support of Petitioner's stand. Section 39 of the Act provides:

(3.) FOR the disposal of this application, two questions have got to be examined, namely: