K. C. JAGADEB ROY, J.

( 1 ) THE plaintiff is the appellant before this Court. He filed Title Suit No. 55/ 7 of 1978 / 76 for a declaration that he has the right, title and interest in the suit house No. 94, in Ward No. 6 situated on Plot No. 700 of Khata No. 58 of Kantabanjhi Nazul and Defendants 2, 3 and 4 are trespassers and are liable for eviction. In the alternative, the plaintiff prayed for a decree for refund of the consideration money with interest from defendant No. 1 that was paid by the plaintiff to deft. No. 1 towards the full value of the said property and for a further declaration that defendants Nos. 3 and 4 are liable to pay him the monthly rent at the rate of Rs. 60/- per month for the period of their occupation under the plaintiff with effect from 20-6-1967.

( 2 ) THE case of the plaintiff is that defendant No. 1 wanted to sell the suit house which the plaintiff agreed to purchase and on 15-6-67 there was an agreement between the parties fixing the consideration at Rs. 10,000/-, on which date the plaintiff paid Rs. 1000/- to deft. No. 1 in part performance of the contract. On the date of the aforesaid agreement, the suit house was under occupation of monthly tenan