G.B.PATTANAIK
GOURI SHANKAR – Appellant
Versus
FAKIR MOHAN – Respondent
G. B. PATTANAIK, J.
( 1 ) PLAINTIFF was the appellant against a confirming judgment in a suit for possession in respect of a house described in Schedule A of the plaint by evicting the defendant therefrom and for any other appropriate relief to which the plaintiff may be under law and equity. During the pendency of this appeal, the plaintiff having died his legal representatives have been substituted.
( 2 ) ACCORDING to the plaint case, the defendant executed a registered agreement on 31-1-1968 whereunder on consideration of Rs. 20,300/- arranged to be paid by the plaintiff, the plaintiff would be put in possession of the house in question for a period of thirty years and during the said period of plaintiffs possession, the plaintiff would pay annual rent of Rs. 300/- and would have the liberty of constructing a doublestoried building at his own cost. It was also agreed that possession of the house would be delivered to the plaintiff on 1-2-1968 and plaintiff would also have a right of renewal for a further period of thirty years from February, 1998. It was also stipulated that on the failure on the part of the defendant to put the plaintiff in possession on 1-2-1968, the defendan
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