USHA LATA SOOD Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A perpetual sub-lease deed was executed on 23rd November 1971 in favour of Major Rameshwar Sahai and Smt. Sushil Kumari in respect of plot No. 29, Street No. D-1, Vasant Vihar, Site No. B, Govt. Servants Coop. Society, plot measuring 767 sq.yds. which sub-lease deed was duly registered.

(2.) The sub-lessees entered into a transaction in respect of the property in question and on account of certain disputes, the matter was referred to arbitration. The arbitrator made and published an award on 30th December 1981 in terms whereof it was held that the property stood sold to the petitioner who was declared the owner of the property in question. The award was made rule of the court on 5th April 1982 and was duly registered.

(3.) The petitioner volunteered to pay the unearned increase but the respondent threatened to cancel the sub-lease deed in view of the transfer having taken place without prior permission obtained in writing of the lessor. The petitioner filed a suit for declaration and permanent injunction in May 1983 against the DDA and the original sub-lessees which suit was decreed on 8th March 1994. In terms of the decree, respondent/DDA was restrained from cancelling the sub-lease deed and was directed to transfer the plot in favour of the petitioner after accepting 50% unearned increase on rates prevalent in December 1981. The society was also directed to enroll the petitioner as one of the members. The petitioner on 11th April 1994 gave notice to the respondent with a copy of the judgment and decree calling upon the respondent to intimate the unearned increase but no intimation was received.