1. Leave to amend in terms of the draft amendment tendered by the learned counsel appearing on behalf of the Appellant. Amendment to be carried out during the course of the day. Verification is dispensed with.

2. Admit. On the request of the learned counsel and with their consent the Appeal is taken up for final disposal.

3. This Appeal arises out of an order of a learned Single Judge dated 5 October 2009 on a Motion for interim relief in a suit for specific performance of an agreement dated 14 August 1997. The agreement stipulated that the appellant as the landlord “hereby lets to the Tenant” (the Respondent) on a monthly tenancy, commencing from the date of possession and the grant of an Occupation Certificate, the premises of a shop admeasuring 451 sq. ft. in Strand Cinema Building on a monthly rent of Rs.625/-. The Appellant, as landlord agreed to obtain the Occupation Certificate from the Municipal Corporation and it was agreed that the tenancy would commence on the completion of the structure and the grant of an Occupation Certificate by the Corporation. This is so provided in clause (I) and clause (VIII) of the agreement. On 8 December 1998 the Appellant addresse