N. K. DAS, J.

( 1 ) THE unsuccessful plaintiff has preferred this appeal against the decision dismissing his suit for realisation of arrears of house rent from the defendant in respect of the house situated in Cuttack town bearing holding No. 431 in ward no. 15 of Cuttack Municipality. The house is situated at Badhei Sahi, Buxi bazar.

( 2 ) PLAINTIFF's case is that the is the owner of the house and defendant is a monthly tenant under him in respect of the house on a monthly rent of Rs. 400/ -. The defendant defaulted payment of the house rent from May, 1973 and hence he filed the suit for recovery of arrears of house rent together with costs and interest on the same. The case of the defendant is that on 30-11-1960 he was inducted as a tenant in respect of the suit house under the plaintiff for one year on annual rental of Rs. 2,400/ -. He was paying rent regularly till 1-3-1966. He was never a monthly tenant under the plaintiff. On 1-3-1966 the plaintiff entered into an oral agreement with the defendant for sale of the house including the surrounding lands for a consideration of Rs. 30,000/ -. As the defendant was not ready with the entire consideration money, it was decided that