DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD Vs. DELHI TANNERIES AND LEATHER GOODS

JUDGEMENT

(1.) THE Petitioner in the present writ petition seeks to challenge the order dated 9.8.2012 passed by the learned District Judge dismissing the appeal of the Petitioner impugning the order dated 25.8.2011 passed by the Estate Officer. The Estate Officer by his aforesaid order had directed the Petitioner to handover the actual and physical possession of Shed No.74, Okhla Industrial Estate, Phase-II, New Delhi to the Respondents on payment of balance outstanding by the Respondents and also directed the Petitioner to execute the Hire Purchase Agreement in favour of the Respondents in respect of the said property, setting aside the cancellation of allotment in favour of the Petitioner and also the eviction proceedings.

(2.) SHORN of details, the background facts may be briefly delineated as follows. The premises in question was allotted by the Petitioner in favour of Respondent No.1 through its sole proprietor Sardar Mohan Singh Anand, predecessor-in-interest of the Respondent Nos.2 and 3, on leasehold basis in 1963 for a fixed period of five years. A formal Lease Deed was executed on 25.9.1963 in favour of Sardar Mohan Singh Anand. On 16.5.1966, a communication was sent to Mohan Singh Anand (lessee) from the Petitioner offering the benefit of a Hire Purchase Scheme introduced by the Director of Industries in respect of the premises in question with effect from 1.4.1966. Mohan Singh Anand accepted the said offer by way of communication sent on 17.5.1966 and started making the payments as per the Scheme. The Petitioner in this context relies upon a communication dated 18.3.1984 emanating from the office of the Directorate of Industries, Delhi captioned as a final notice on the subject of "Finalisation of Hire Purchase", which confirms the arrangement/understanding between the parties and the outstanding of Rs.99,886.40 inclusive of interest towards the hire purchase cost as on 28.2.1984. It is the case of the Petitioner that extension of time was sought for by the Respondents on the demise of Sardar Mohan Singh to make the payments, which was granted by the Lietuenant Governor. It is further the case of the Petitioner that full payment has been made by the Respondents in terms of the demand raised by the Petitioner on account of Hire Purchase Agreement by the end of 1984.

(3.) AN appeal under Section 9 of the Public Premises Act was preferred by the Respondents against the aforesaid order, which culminated in judgment dated 24.5.2011 passed by the learned Additional District Judge, whereunder the order of eviction passed on 30.6.2003 was set aside and the matter was remanded to the Estate Officer with certain directions.