( 1 ) SELVEL Advertising Ltd. the present appellant (plaintiff in the Court below) entered into an agreement dated April 4, 1995 with Analysis marketing and Management, a propietory concern of present respondent No. 2 sri Somdeb Banerjee, (defendant No. 2 in the Court below) for execution of a proposed park named 'theme Park' at B. B. D. Bag Mini Bus Terminus area. Under the said agreement the said Theme Park was to be laid exclusively by the present appellant with the right to bring any sponsor of its choice and the appellant-company secured absolute and exclusive legal right to collect the cost of construction, monthly maintenance and monthly rental charges from such sponsor. As consideration the appellant company paid Rs. 2 lakhs to the respondent No. 2 on April 5, 1995 and agreed to pay Rs. 28,000/- every month to the said respondent No. 2. Although no period was expressly mentioned in the said agreement, it was stipulated in clause 19 of the agreement that:"19. The second party will comply and abide all the conditions contained in the lease deed (signed on 28th September, 1994) with Government of west Bengal and the first party. This also relates to the part