AMAR SINGH Vs. M.C.D

JUDGEMENT

(1.) RULE .

(2.) WITH the consent of counsel for the parties, the writ petition is set down for final hearing and disposal. The necessary facts to be noticed for the disposal of the present writ petition are that one Sh.Hans Raj (since deceased) was granted Perpetual Lease and Conveyance Deed in respect of Shop No.27, Municipal Market, Mandelia Road, Kamla Nagar, Delhi (measuring 16 X 18 ft.) by the MCD on 18.05.1971. The same was duly registered with Sub-Registrar of properties. The copy of the Perpetual Lease and Conveyance Deed have been placed on record. The said Sh.Hans Raj entered into an Agreement to Sell with the petitioner to sell a portion of the demised shop measuring 4 X 18 ft. towards the side of Shop No. 26 (of which the petitioner was already in possession as a tenant and which portion was separated from the rest of the demised shop by a portion wall). The Agreement to Sell was reduced into writing on 29.09.1969. As per the terms of the agreement, till the time of execution of the sale deed, the petitioner was to keep on paying rent of the shop to Sh.Hans Raj. Sh.Hans Raj did not complete the sale in favour of the petitioner and rather executed a sale deed for the entire shop in favour of one Smt. Shanti Devi on 09.10.1972. Smt. Shanti Devi thereafter served a notice of eviction dated 18.10.1975 on the petitioner claiming herself to be the new owner and landlady of the demised shop.

(3.) SINCE Smt. Shanti Devi failed to comply with the terms of the decree, an execution petition was filed by the petitioner herein and permission was also sought from the MCD to sell the demised shop in favour of the petitioner which was refused by the MCD. Subsequently, the petitioner applied for permission to the MCD and pursued the matter regularly. The permission was rejected by the MCD by an order dated 21.09.2004 and was communicated to petitioner vide letter dated 23.09.2004. The Order of rejection dated 21.9.2004 was challenged by the petitioner by filing writ petition No.2166/2007, wherein the following prayer was made: