( 1 ) REJECTION of the plaintiffs application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure by the Civil Judge (Senior Division), 6th Court, Alipore by an order being No. 26 dated 13th November, 2006 passed in Title Suit No. 125 of 2005, is under challenge in this appeal at the instance of the plaintiff/appellant herein.

( 2 ) THE plaintiff/appellant filed a suit for specific performance of the agreement for lease entered into between the parties in respect of the land as mentioned in the schedule of the plaint. Apart from the said relief, the plaintiff also claimed various other incidental reliefs by way of declaration and injunction in the said suit. A decree for compensation of loss and damages in the alternative form has also been prayed for by the plaintiff/appellant in the said suit.

( 3 ) FOR the sake of convenience of understanding, brief history of the litigation leading to the filing of the suit, is set out hereunder.

( 4 ) ADMITTEDLY, the Kolkata Port Trust is the owner of the suit property. Initially, Kolkata Port Trust leased out about 39009. 45 sq. mt. of land including the suit property to I. O. L.