GURUSHARAN SHARMA, J.

( 1 ) ADMITTEDLY, kunti Domin owned and possessed a house at katras Bazar, District Dhanbad, one room (measuririg 12 x 13) whereof is subject-matter of the present appeal. She died leaving behind two sons, namely, Chaitu Dome and khetu Dome. On 16-3-1964, the plaintiff was inducted as tenant in the said room on monthly rental of Rs. 12. On 26-8-1971, defendant No. 1 (Chaitu dome) executed a registered usufructuary mortgage-deed for the said room for Rs. 700/- in favour of the plaintiff.

( 2 ) PLAINTIFFs case is that defendant No. 1 agreed to sell the said room to him for Rs. 2,100 and executed an agreement for the same on 15-10-73. Rs. 700 was already with him for which he had executed usufructuary mortgage deed and further on 15-10-1973 a sum of Rs. 1,000 was paid to him. Accordingly to the terms of the said agreement, on receiving the balance consideration amount of Rs. 400 from the plaiantiff, defendant No. 1 was to execute the sale deed within three months. On the failure of defendant No. l to execute the deed, in spite of repeated requests by the plaintiff, a notice dated 29-11-1973 was sent to him through a lawyer which was replied by him on 7