JUDGMENT

The unsuccessful defendant in C.S. No. 537 of 2007 of the Court of the Civil Judge (Sr. Division), First Court, Cuttack has challenged the judgment and decree passed therein by filing this appeal.

2.For the sake of convenience, clarity and to avoid confusion, the parties hereinafter have been referred to as they have been arrayed in the Court below.

3The case of the plaintiff is as follows:-

The suit property which is a shop room of the size of 10 ft. x 8 ft. situated at Choudhury Bazar, Cuttack assigned with Holding no. 32 within the area of Cuttack Municipal Corporation originally belonged to one Nanda Kishore Goyanka. The plaintiffs purchased the suit property from him by registered sale deed dated 26.06.1995. Prior to such transfer the defendant had been inducted as a monthly tenant under the vendor of the plaintiffs. After the transaction of sale, defendant was intimated about the same to treat the plaintiffs as landlords and to pay the monthly rent to them. Thus, the defendant became a tenant under the plaintiffs since their purchase.

Defendant filed Title Suit No. 361 of 1995 against the plaintiffs and that has been dismissed for default. So, further proceedings were