Das, J. - (1.) This is an appeal by the defendant. It is directed against a judgment of Mr. Justice Sarkar, dated 4th August, 1950, decreeing the plaintiff's suit for specific performance of an agreement for sale, dated the 7th December, 1943.
(2.) The facts are as follows:- The agreement for sale concerns a moiety share of premises No. 40, Weston Street.
(3.) On 27th February, 1924, the then owners of the property, viz., Kedar Nath and Panchkowri Dey, leased out the said premises to Rustom Miah for a term of 20 years expiring on 15th February, 1944. The lease contained a covenant that the lessee will build structures on the land at his own cost and that on the expiry of the lease the lessor will pay to the lessee half the value of the building and one-third of the value of privy and water-taps if so constructed by the lessee.;