S. K. RAY, J.

( 1 ) THIS second appeal arises out of a suit for eviction of defendants 1 and 2 from the suit house where they had been inducted as tenants for realisation of arrears of rent amounting to Rs. 240/- for the period of 24-6-1963 till 26-8-1964 for declaration of plaintiff's right, title and interest in respect thereof and for a further declaration that the defendants 1 and 2 have acquired no interest in the suit house under a registered sale deed executed in their favour by defendant 3 and any pasinghu Routra and Anr. vs. Purna Chandra Misra and Ors. (19. 06. 1972 - ORIHC) Page 2 of 6 interest, if any acquired thereunder is ineffective against the plaintiff's interest.

( 2 ) THE land on which the suit house stands belongs to P. W. D. Defendants 3 and 4 who are brothers obtained lease of the land and constructed the suit house thereon and remained in possession thereof as owners. Subsequently defendant no. 3 alienated his moiety interest in the suit house to defendant 4, on 5-7-1959, who, in consequence thereof, became the full owner thereof. The defendant 4 in his turn sold the suit house to defendant 5. On 14-7-1959, and the latter sold it to the plaintiff on 9-2-196