JUDGMENT

Khundkar, J. - This is a suit for the specific performance of an alleged verbal agreement for the grant to the plaintiff of a 51 years' lease, and in the alternative for the recovery of a sum of Rs. 25,300 being damages, and costs incurred by the plaintiff in erecting a building on the land demised, or for an injunction. The facts in so far as they are admitted are as follows: The plaintiff on 31st March 1933 executed a document Ex. 8 which is as follows:

To most dignified zemindar Srijukta Baba Sripati Nath Deb Makam 67 B. Beadon Street, Calcutta.

Out of your Bustee (land) at No. 81 Beadon. Street, I take settlement today of more or less 5 (five) Cottason the monthly rent fixed at Rs. 103 one hundred and three rupees and I put into your sherista as deposit Rs. 100 (one hundred rupees) today towards the rent for a month and receive a receipt. Be it known that the rent of the said 5 cottas of land from a month hence, that is to say, from the 18th Baisakh 1340 B. S. shall continue to run at the said rate and (I) shall remain bound to pay the same. I shall not be competent to raise any plea or objection (thereto). Finis, 17th Chaitra 1339 B. S. Eng. 31st March 1933.