S.D.Agarwal, J. - (1.) This is a defendant's second appeal. The plaintiff-respondent Punjab Association, filed a suit against the appellant Nagar Mahapalika, Kanpur, for the following reliefs;- (a) a decree for specific performance calling upon the Nagar Mahapalika to perform the agreement of lease dated 19th June, 1963. (b) a decree for declaration that the plaintiff-respondent is in possession as the lessee in accordance with the conditions of the agreement dated 19th June, 1963 and is entitled to build the community hall and the open air theatre in accordance with the proposed plan without any obstruction by the Nagar Mahapalika or its employees and (c) for a decree for a permanent injunction restraining the Nagar Mahapalika and its employees from obstructing the building operation on the plot in dispute or interfering with the possession of the plaintiff respondent over the disputed plot of land.
(2.) The basis of the suit is the agreement dated 19th June, 1963 entered into between the Punjab Association and the Kanpur Nagar Mahapalika. The Punjab Association approached the Nagar Mahapalika to give them some land for the purpose of constructing and establishing a community hall and an open air theatre in plot No. 5, Block P, Scheme VII Gutaiya, Kanpur situate in Brijendra Swaroop Park of an area of 2.844 acres. The Nagar Mahapalika agreed to this proposal and an agreement was entered into between the parties on 19th June, 1963. This agreement is Ex. 4 on record. Two most important terms of the agreement were:- 1. That the said land be demised to the Association for the purpose of establishing a community hall etc. and an open air theatre, on 99 years lease with a premium of Rs. 100 per acre and a lease rent of Rs. 50 per acre per annum, the rent being subject to enhancement by 50% after every 33 years. 2. That the said land should be utilised by the Association within 2 years from the date of this agreement for constructing and establishing a community hail etc. and an open air theatre according to the layout, design, setbacks, and building plans approved by the Mukhya Nagar Adhikari of the Mahapalika and start building the same for the said purpose
(3.) There were other conditions of the agreement also but it is not necessary to mention each of them. The only other important term was that if within two years from the date of the execution of the agreement the said land is not fully utilised for the purpose it is proposed to be demised then the association would have no claim whatsoever on the Mahapalika. The plaintiff respondents case was that after the execution of the agreement they submitted a plan for sanction on 5th August, 1964. This plan along with the cheque was returned to the plaintiff respondent on 8th October, 1964 along with an objection memo. The said plan was again submitted after due rectification for sanction on 23rd October, 1964 along with the requisite fee of Rs. 1,000. The plan was not sanctioned by the Mukhya Nagar Adhikari and as such the constructions, as were agreed upon, could not be made. In view of the default of the Nagar Mahapalika the plaintiff respondent filed the suit.;