Shivakant Prasad, J.

Challenge in this application is against the judgment and order dated 23rd April, 2014 passed by the Learned Additional District Judge, 15th Court, Alipore in Misc. Appeal No. 107 of 2013 arising out of the Judgment and order No. 8 dated 17th May, 2013 passed by the learned Civil Judge (Senior Division), 2nd Court at Barsat in Title Suit No. 80 of 2013.

2. The plaintiff/petitioner, M/s. Bansilal Leisure Parks Ltd. a private limited company, filed the above mentioned suit praying, inter alia, for a decree of declaration about its right and authority to run the business over the suit property and for permanent injunction.

3. The plaintiff/petitioner alleged that the State Fisheries Development Corporation Limited invited offer in the newspaper on 15th June, 1990 and asked sealed offer for setting up of public entertainment-cum-tourist project. The plaintiff submitted offer and the same was accepted by the defendant No. 1 and accordingly an agreement was entered into by and between the plaintiff and the defendant No. 1 on 12th March, 1991.

4. In the said agreement, the petitioner was given the right to use and occupy the surface water area of the fishery kn