Subhro Kamal Mukherjee, J.

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.

2. 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."

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