ABDUL RASOOL VIRJI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The subject matter of the dispute is plot No.A-1, Maharani Bagh measuring 1800 sq.yards now known as 6, East Avenue, Maharani Bagh, New Delhi in respect of which perpetual lease hold rights were granted to one Shri N.R.Pillai. The property was constructed upon. Mr.N.R.Pillai passed away on 31.3.1992 and prior to his demise has executed a Will dated 13.3.1978. In view thereof the property was mutated on 28.5.1993 in favour of the two sons of the deceased owner. Probate was also granted on 16.11.1993.

(2.) The said two sons of the owner entered into an agreement of sale in favour of the petitioner in respect of the property in question on 16.1.1994 for a total consideration of Rs.3 crores and permissions was granted by the Competent Authority. The respondent in terms of the perpetual sub lease deed dated 17.4.1965 made a demand towards provisional un-earned increase of Rs.2,23,84,725/- on 4.9.1995. The petitioner aggrieved by the same filed CWP No.3948/95 before this Court and interim orders were passed on 22.5.1996 in favour of the petitioner. The writ petition was allowed on 22.1.1999 and it was directed that petitioner was liable to pay lesser amount which is stated to be Rs.70,82,127/- along with interest. It may be noticed that during the pendency of the writ petition, petitioner had deposited a sum of Rs.1,19,72,225/- on 12.6.96 and had furnished an undertaking as required by the respondent for grant of sale permission. Pursuant thereto sale permission was granted and conveyance deed was executed on 21.1.1997 in favour of the petitioner which is stated to have been duly registered.

(3.) In view of the judgment of the Division bench dated 22.1.1999 disposing of the writ petition, petitioner was liable to be refunded amount but the respondent filed Special Leave Petition before Hon'ble the Supreme Court and the operation of the impugned order was stayed. The DDA came up with a scheme for conversion of lease hold rights into free hold and the petitioner applied on 24.10.1999 for conversion into free hold and deposited requisite amount. Since the conversion was not being allowed and conveyance deed on free hold basis was not executed, petitioner filed the present petition before this Court seeking a writ to that effect.