MUNSHI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants are tenants. The tenanted premises are situate in Karol Bagh Area, Delhi. The landlord is respondent No. 3 whereas Union of India and the Delhi Development Authority (for short 'DDA') are respondents 1 and 2 respectively.

(2.) The tenanted premises are part of building constructed on the land leased to the original lessee by Delhi Improvement Trust. The DDA succeeded the said Trust. The perpetual lease, inter alia, provides that the lessee will not use the land and building that may be erected thereon during the terms of the lease for any other purpose than for the purpose of residential house without the consent in writing of the lessor. Admittedly the premises are being used by the appellants for commercial purposes.

(3.) By notice dated 4th January, 1982 issued by DDA, respondent No. 3 was informed that the premises were being used for the purpose of commercial-cum-residential which is contrary to the terms of the lease and the lease has become void and the lessor has right to re-enter after cancellation of lease. It was further stated in the said notice that the lease has been cancelled by DDA on 23rd December, 1981 for breach of Clause I(VI) and the possession of the plot together with the building and the fixtures standing thereon will be taken over by DDA. In a suit filed by respondent No. 3 against DDA for grant of permanent injunction, interim injunction was granted by Civil Court inter alia noticing in the order that the owner had instituted eviction proceedings as far back as in 1974 against the tenants who were running their shops even at the time of the purchase of premises in question by the owner from its erstwhile owner.