- (1.) The hearing of this appeal, in our estimation, could be finished within three days. We are sorry; it did take long time to close the hearing. We are sorry, we could not give more than one and half hours time in a day because of other urgent matters in the Appellate Side and the administrative commitments of one of us (Banejee, J). There were other reasons too. CONVENIENCE:
(2.) For the sake of convenience we mark the first volume and second volume of A.P.O No. 177 of 2013 as volume I and II and the first and second volume of A.P.O. No. 191 of 2013 as volume No. III and IV respectively. FACTS:
(3.) One Abdul Gaffar was the absolute owner of premises No. 5B Outram Street Calcutta. The said property was measuring about 37 cottahs of land having structures built thereon. It was partly tenanted. Gaffar entered into agreement with Jaichandlal Ashok Kumar and Co. Pvt. Ltd. a developer, with intent to have the property developed by a joint venture. The parties entered into the agreement on June 28, 1989 appearing at page-148-196 (Volume-III). If we have a close look to the said agreement we would find, the property was comprised of 37 cottahs 11 chittaks 9 square feet. As per the agreement, the developer would build a commercial complex in the major part of the land and the rest part would have two bungalows, one for the owner and the other for the developer. The developer would pay Rs. 20 lacs as security deposit out of which 10 lacs to be paid simultaneously on execution of the said agreement and the balance 10 lacs after sanction of the plan from the Calcutta Municipal Corporation. The parties agreed, the developer would be responsible to have the tenanted portion vacated. The owner would have the sole responsibility to demolish the building so that the developer could construct the new one. The developer would pay Rs.5 lacs as lease premium upon execution of the said document and a general power of attorney followed by further sum of Rs.3500 per month to be paid by the allotees/transferees of the owner and the developer and/or its nominees towards lease rent. The agreement would provide, in case of dispute, the parties would go for arbitration of the sole arbitrator Sri Jahar Sengupta who was at the relevant time, Managing Director of Exide India, Sri Sengupta was acquainted with the owners in view of fact that the one of the parties was an employee under him at the relevant time. OWNERS CASE:;