Judgement

Panigrahi, J. :- This appeal arises out of a suit for specific performance of a contract to sell a plot of homestead land bearing plot No. 1051 within Jemmabandi 98 of Cuttack Khasamahal. Four annas share in the suit plot belonged to Raikrishna Mohanty, deft. 2 and the rest belonged to applt. 1, Rajakishor Mohanty. Deft. 2 also owned in his own right the adjoining plot of land bearing No. 1052 within Jammabandi 97. Deft. 2 wanted to sell plot No. 1052 applied to the Khasamahal authorities for permission to sell. Among the objectors were deft. 1 (Dr. Banabehari Patnaik), pltf. 2 (Sachidananda Mohanty) son of pltf. 1 and some other persons. The Khasamahal enquiry was posted to 6-4-1941 when deft. 2 filed Ex. 5, which is a petn. of compromise alleged to have been arrived at between the parties. The main clauses of this compromise are that pltf. 2, Sachidananda should withdraw his objection to the sale of plot No. 1052 and allow deft. 1 to purchase it from deft. 2 and that deft. 2 should sell to Sachidananda (pltf. 2) his four annas share in plot No. 1052. It is said that deft. 2 went back upon this compromise and sold plot No. 1051 to deft. 1 on 27-6-41 for a sum of Rs. 500.