- (1.) Although the matter is appearing under the heading 'application', by consent of the learned advocates appearing for the contesting parties, we take up the appeal itself for final disposal.
(2.) This appeal arises from a judgment and decree dated May 14, 2009 by which the Title Suit No. 199 of 2001 filed by the plaintiff/appellant was dismissed ex parte.
(3.) The plaintiff/appellant was a tenant in respect of the self- contained flat on the ground floor at Premises No. 77/1A, R. K. Chatterjee Road, Kolkata 700 042, on agreed rent. The owner of the said premises decided to develop the said property and entered into an agreement with the developer. By tripartite agreement dated January 28, 1994 executed amongst the owner, developer and the tenant, being the plaintiff/appellant herein, it was agreed that the tenant would deliver the vacant possession of the said tenanted premises in favour of the owner to enable the owner to develop the said premises through the said developer. The said agreement envisaged that so long the tenant is not given the possession of selfcontained flat measuring 1,000 (one thousand) square feet super built up area on the top floor of the newly constructed building, the developer would give an alternative accommodation to him and shall, also, pay rent for such alternative accommodation.;