DELHI DEVELOPMENT AUTHORITY Vs. PRAKASH MALIK

JUDGEMENT

(1.) This appeal has been directed against the impugned judgment dated 6.07.1991 passed by the first appellate court endorsing the finding of the trial judge dated 12.10.1989, wherein the suit of the plaintiff namely, Prakash Malik, for injunction had been decreed in her favour. The defendant/DDA had been restrained from dispossessing the plaintiff- Prakash Malik from the suit property.

(2.) Briefly stated the facts of the case are that:

(3.) The plaintiff had filed a suit for perpetual injunction seeking a restrain order against the Delhi Development Authority from dispossessing the plaintiff from the suit property. The trial judge had framed four issues. While dealing with Issue No. 1 and 2, the trial court concluded that the running of a guest house did not amount to a commercial housing; not being a commercial activity, there was no violation of Clause 13 of the lease deed. The cancellation of the lease deed by the LG was illegal.