ASHIT KUMAR JAIN Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) Shop No. 27, Yashwant Palace Market, Chankyapuri, New Delhi (hereinafter referred to as the property, for short) was allotted to Mr. Ranjit Batla for a period of five years on monthly licence fee of Rs.1,052/-. There was a specific stipulation against subletting in the written licence deed.

(2.) Admitted position is that the said Mr. Ranjit Batla entered into a partnership agreement with the petitioner herein on 20th December, 1976. This partnership was dissolved on 31st March, 1977 with Mr. Ranjit Batla giving up all his rights and with the right to the petitioner to carry on business.

(3.) On 6th May, 1980, the petitioner herein applied for regularization of subletting on payment of compounding charges. By letter dated 19th May, 1982, the respondent-NDMC informed the petitioner that he was required to comply with certain formalities as required by the earlier letter dated 17th November, 1981. It was also stated that the petitioner had failed to make payment of Rs.5,299.12 on account of interest despite of repeated promises. By this letter, some of the payments deposited by the petitioner in form of draft, etc., were returned and the petitioner was informed that the respondent would initiate proceedings under Public Premises (Eviction of Unauthorsied Occupants) Act, 1971 (hereinafter referred to as the Act, for short).