LEPROSY MISSION Vs. UOI

JUDGEMENT

(1.) . R.S.A. 67/85 is directed against the judgment and order dated 29.1.1985 of the Additional District Judge in E.C.A. No. 44 of 1982 which appeal was filed against dismissal of the plaintiff-appellant's suit for permanent injunction against the defendant-respondents for claiming or recovering annual ground rent in excess of Rs.885.00 per annum. The learned appellate court concurred with the findings of the trial court and dismissed the appeal.

(2.) Brief facts of the case, as noted by the appellate court, are - "that the lease was granted in respect of certain land on 8/12/1960 by the UOI in favour of Shri Dr. C.L.Katial. The plaintiff purchased the property from the said Dr.C.L.Katial, who conveyed the same to the plaintiff after getting due permission from the L&DO Office acting for and on behalf of the defendant vide a duly registered deed of conveyance dated 4/7/1973. Dr. C.L.Katial in the year 1973 wanted to sell the property and consequently applied to the L&DO for grant of sale permission for transferring in favour of the present appellant/applicant. It appears that vide letter dated 13/6/1973Ex.Mark-A, Deputy Land & Development Officer informed Dr.C.L.Katial that the lessor would consider the application for permission only after compliance with the following terms and conditions :

(3.) It was contended before me by learned counsel for the appellant that there could be no estoppel against statute. The legal agreement entered into as per Article 299 of the Constitution of India is bound to be respected and, therefore, the Union of India could not increase ground rent.