JUDGMENT :

K.R. Mohapatra, J.

Being aggrieved by the judgment and decree dated 18.11.1989 and 30.11.1989 respectively passed by the learned Subordinate Judge, Angul in T.S. No.40 of 1984, the unsuccessful defendant No.1 has filed this appeal.

2. The plaint story in brief reveals that plaintiffs and defendant No.1 are the three sons of one Jayakrushna Sahoo. Other defendants are tenants in respect of the suit house. It is the case of the plaintiffs that contesting parties (plaintiffs and defendant No.1) to the suit belonged to village Matagajpur in the district of Cuttack. They shifted to Angul for the purpose of earning their livelihood. They initially started Hotel business in the name and style of ‘Hindustan Hotel’ at Angul bus stand in the year 1951. By then, the plaintiffs were minors and defendant No.1 acted as the Manager of the Hotel and the plaintiffs were helping him in its management. They were living in a rented house at Amalapada in Angul town. Their father, Jayakrushna Sahoo by then was pretty old, devoid of clear vision, was hard of hearing and his hands were trembling due to old age. He was also bedridden and physically incapable. The family had a handsome income from t