ORDER :- The plaintiffs are the petitioners. They filed Original Suit No. 24 of 1968 in the Court of the Subordinate Judge, Balasore, for partition of the disputed property consisting of 2.30 acres. The plaint allegation was that the disputed property belonged to late Narayan Sahu who died leaving behind a son (defendant No. 4) and two daughters (defendants 5 and 6). He is said to have acquired this land by a patta and about 11 years before the suit he entered into a contract with the plaintiff No. 1 for selling the northern half of the suit property. He took an advance of Rs. 200/-and delivered possession of the northern half but died before he could execute the sale deed. Plaintiff No. 1 (petitioner No. 1) built a house on the northern part of the suit plot after possession was delivered to him and was residing and carrying on his business there. The house was, however, washed away in the unprecedented floods of 1961 and the petitioner received compensation for the loss of the

house from Government. After the death of Narayan Sahu plaintiff No. 1 made repeated requests for execution of sale deed by defendants 4 to 6. Defendant No. 4 did not execute any sale deed. Defendants 5 and