KEWAL KRISHEN WAHI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Perpetual leasehold rights in respect of plot No.4, Pusa Road, Road No. 34, New Delhi were granted to one Shri Rai Saheb Lal Mathu;adas vide lease deed dated 15.3.1941 by the then Delhi Improvement Trust. A family partition took place in terms whereof the property in question along with the superstructure constructed thereon fell to the share of;one Shri Om Prakash s/o Shri Mathura Dass and his name was mutated in the records. On further partition, the leasehold rights came to be vested with Shri Vinod Kumar s/o Shri Om Prakash and renewed lease deed was executed on 5.2.1968. The prescribed user of the premises was residential dwelling house.

(2.) Delhi Development Authority, the respondent herein which is the successor to the Delhi Improvement Trust cancelled the lease deed vide letter dated 11.9.1974 w.e.f. 4.9.1974 on account of there being breaches of the lease committed by the tenants in occupation of the property. The said tenant was subsequently evicted from the premises in pursuance to orders passed by the Supreme Court on account of misuser.

(3.) Shri Vinod Kumar requested for restoration of the lease and vide letter dated 27.1.1976, the respondent informed Shri Vinod Kumar that the lease deed could be restored subject to payment of Rs.2129.10 which included the misuser charges as well as the restoration charges. This amount was deposited on 30.1.1976. However, no formal order for restoration of the lease was issued till 4.7.1978.