( 1 ) THIS revision-petition, by the defendant, is directed against an order of the learned Subordinate Judge. The defendant. Union of India, had executed an agreement on the 8th October, 1945, in favour of the plaintiff, to grant the plaintiff perpetual lease of a plot of land on certain terms and conditions. The plaintiff filed a suit against the defendant, claiming the fokllowing reliefs :-

( 2 ) "1. It be declared that all the buildings constructed on the plot of land mentioned in paragraph 4 of this plaint were and are in accordance with the agreement to Lease dated the 8/10/1945, th there has been no departure or contravention of the terms of said agreement of lease; that the plaintiff had fully complied with the covenants of the said agreement and that the buildings were complete in all respects on the 8th October, when the agreement to lease was executed by the defendant; that the said agreement related to the buildings as they existed on the site on the date of its execution, and therefore, it precluded the defendant from contending that the terms of the agreement have not been complied with and that there has been no misuse of the premises or the buildings t