JUDGMENT :

D. Dash, J. - The unsuccessful defendant as appellant has preferred this appeal challenging the judgment and decree passed by the learned Subordinate Judge, Bhubaneswar (as it was then) in O.S. No. 289 of 1981 decreeing the suit filed by the respondent as plaintiffs.

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.

It is pertinent to state at this juncture that the plaintiff having died during pendency of this appeal his legal representatives has been substituted and they are defending the sustainability of the judgment and decree of the suit in favour of their predecessor-in-interest.

3. Plaintiff's case is that he is the lessee in respect of the suit land, granted by the State Government in the Department of P and S for a period of 99 years and necessary deed to that effect has been executed and registered on 06.02.1970. As the lessee, the plaintiff was delivered with the possession of the said land and thereafter he made some construction over there including digging of a well. The plaintiff being in need of money, entered into an agreement with the defendant on 18.02