JUDGMENT :

A.K. RATH, J.

Defendant No.2 is the appellant against a confirming judgment.

2. Respondent no.1 as plaintiff instituted the suit for eviction of defendants from the suit property and for realization of arrear house rent and damages. The case of the plaintiff is that the suit schedule house standing over plot no.869 under khata no.952 appertaining to holding no.379 in ward no.14 of Cuttack Municipal Corporation originally belonged to Saran Pradhan. After his death, his legal heirs alienated the entire plot no.869 with an area of Ac.0.162 dec. inclusive of the suit property in favour of the plaintiff by means of a registered sale deed no.4344 dated 11.10.1999. Saran Pradhan had inducted defendant no.1 as a tenant into the suit property. The plaintiff permitted the defendant no.1 to continue as a tenant in the suit property under her on payment of house rent @ Rs.400/-per month till December, 1999. The defendant no.1 undertook to give vacant possession of the suit premises to the plaintiff by 31st December, 1999. The defendant no.1 did not vacate the suit property. The plaintiff issued notice under Section 106 of the Transfer of Property Act (hereinafter referred to as “T.P. A