1. The defendant, who was unsuccessful before the Courts below, is the appellant. The respondent/plaintiff filed the suit for mandatory injunction, directing the appellant to allot Shop No.4 in T.S.No.554/3 to the respondent/plaintiff and for other reliefs.

2. The case of the respondent/plaintiff was that the suit property belonged to the appellant and one Kaja Mohaideen was the tenant under the appellant in respect of a portion of the building and in the year 1988, he sublet the shop to the respondent and also applied to the appellant herein to recognise the respondent as the tenant and that was also accepted by the appellant and the respondent was paying the rent from January, 1990, by entering into an agreement and was paying of Rs.29/- per month. Due to the fire, thes entire premises was destroyed and thereafter, it was agreed between the appellant and the respondent that a new building will be constructed in that place and the building will be let out to the erstwhile tenants and the appellant also constructed four shops and three shops were given to the erstwhile tenants and the fourth shops ought to have been given to the respondent and the appellant did not give t