BHARAT SALES LIMITED Vs. LAKSHMI DEVI

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal, filed by the tenants, is directed against the judgment of the High Court of Delhi dated 18th September, 2000 in S.A.O. No. 363 of 1985 dismissing the appeal filed by the appellants herein with certain observations. The operative portion of the judgment is quoted hereunder :

(3.) The appellants are the tenants on the first floor and barsati (hereinafter refered as 'the suit property') of p-2, Conaught Circus, previously known as 2/90, Connaught Circus, New Delhi. The suit property was taken on rent from the predecessor in interest of respondents No. 1 to 11, namely Ram Singh, sometime in 1950. The predecessor in interest of respondents No. 1 to 11 had taken the suit property on lease from the Governor General in Council in 1938. The Governor General in Council is now succeeded by the Union of India acting through the Land and Development Officer (for short 'the L and DO'). It was stipulated in the lease that the leasehold property was to be used for commercial purpose. Despite the stipulation in the lease the lessee i.e. the predecessor in interest of respondents No. 1 to 11 let out the suit property to the appellants for office purpose. The L and DO issued a notice dated 25-10-1968 to Ram Singh enumerating certain breaches in use of the leasehold premises, including misuse of first floor and barsati floors as office and misuse of unauthorized shop measuring 21' x 7' as a tailoring shop. It was specifically stated in the notice that despite the previous notice issued under the L and DO's letter No. 90 (2C.C.)/63-LI, dated 9-2-1965 to stop/remove the misuser, the lessee had failed to comply with the notice. Therefore, in consequence of the failure on the part of the lessee to remedy the aforesaid breach the lessor had decided to determine the lease. The relevant portion of the letter dated 25th October, 1968 is extracted as under :