Maharaj Sinha, J. - (1.) THE plaintiff instituted the suit way back in the year 1999, to be exact on 6 May 1999 for a decree for recovery of possession of a flat on the ground floor of premises no. 8, Short Street, Calcutta, decree for a sum of Rs. 2,31,45,735/ -, decree for a sum of Rs.5,52,000/ - by way of damages for wrongful occupation of the flat by the defendant as trespassers with an alternative claim for an enquiry into damages suffered by the plaintiff by reason of wrongful occupation of the said flat by the defendant and a decree on the basis of such enquiry. The case of the plaintiff as made out in the plaint is that the plaintiff was and is the owner of the premises no. 8, Short Street, Calcutta, (the premises, in short), the particulars of which are mentioned in a schedule annexed to the plaint. The approximate area of the premises is 23 cottahs, 10 chittacks, 40 square feet of land with two separate two -storied buildings described as main building and the annexe building with garage, servants' quarters and a lawn in front of both the buildings.
(2.) ONE Indian Institute of Material Management (IIMM, in short) has at all materials time been and is still in occupation of the first floor of the annexe building at the said premises as a tenant thereof and the plaintiff resides on the first floor of the main building. On 26 December 1987, the plaintiff and M/s. Air Constructions & Consultants Pvt. Ltd. (the defendant, in short) had "entered into an agreement in writing for development of the said premises into a multi -storied building on the terms and conditions contained in the said agreement". [Exhibit - A].
(3.) SOME terms and conditions of the said agreement which, according to the plaintiff, are material for the purpose of adjudication of the suit are mentioned in brief in paragraph 6 and its several sub -paragraphs of the plaint. The plaintiff in part performance of her obligations under the said agreement made over possession of the entire ground floor flat in the said main building, excepting one room and one bathroom to the defendant, a schedule annexed to the plaint contains the full description of the said flat.;