Gurusharan Sharma, J.

1. Admittedly, Kunti Domin owned and possessed a house at Katras Bazar. District Dhanbad, one room (measuring 12" x 13") whereof is subject matter of the present appeal. She died leaving behind two sons, namely, Chaitu Dome and Khetu Dome.

2. On 16.3.1964, the plaintiff was inducted as tenant in the said room on monthly rental of Rs. 12/-.

3. On 26.8.1971, defendant No, 1 (Chailu Dome) executed a registered usufructuary mortgage deed lor the said room for Rs. 700/- in favour of the plaintiff.

4. Plaintiffs case is that defendant No. 1 agreed to sell the said room to him for Rs. 2100/- and executed an agreement for the same on 15.10.1973. Rupees 700/- was already with him for which he had executed usufructuary mortgage deed and further on 15.10.1973 a sum of Rs. 1000/- was paid to him. According to the terms of the said agreement, on receiving the balance consideration amount of Rs. 400/- from the plaintiff, defendant No. 1 was to execute the sale deed within three months.

5. On the failure of defendant No. 1 to execute the deed, inspite of repeated requests by the plaintiff, a notice dated 29.11.1973 was sent to him through a lawyer, which was replied by hi