- (1.) This is an appeal against judgment and decree dated April 28, 2004 passed by the learned Civil Judge (Senior Division), Third Court at Alipore, District 24 Parganas (South) in Title Suit No. 50 of 1989. The appeal arose out of a suit for specific performance of contract, declaration, injunction and possession. The learned trial judge, by the impugned judgment and decree, decreed the suit with the following order: that the suit be and the same is decreed on contest against the defendant, however, without any order of cost. The plaintiff-ITC Limited gets a decree for specific performance of the agreement dated October 27, 1978 and accordingly the defendant is directed to comply with their part of contract by granting tenancy in respect of the schedule D property in accordance with the provisions of the said agreement within a period of three months from the date of decree failing which the plaintiff shall have liberty for taking steps to get the decree executed in accordance with law.
(2.) On or about April 15, 1989, this suit for specific performance of the agreement dated October 27, 1978 to grant tenancy of schedule D property in terms of the said agreement and to register a deed of lease upon delivery of possession in favour of the plaintiff was instituted. As noted hereinabove the agreement was dated October 27, 1978; the agreement has, since, been marked as Exhibit 2. The agreement was in relation to four properties. There has been no dispute in relation to Item nos. I, II and III. Dispute had cropped up in relation to Item No. IV. We are concerned about the said item of the property.
(3.) Under Clause 2 of the said agreement, the agreement would take effect and the tenancy would commence from the date on which the landlord would deliver and tenant would accept the vacant and peaceful possession of the premises agreed to be demised.;