CHIEF CONTROLLING REVENUE AUTHORITY Vs. JANKI DEVI

JUDGEMENT

(1.) This reference has been made by the Chief Controlling Revenue Authority, Delhi hereinafter referred to as "the Authority", at the instance of Janki Devi under section 57(1) of the Indian Stamp Act, 1899. The question referred for the opinion of this Court is :-

(2.) According to the statement of case submitted by the Authority, Janki Devi acquired lease-hold rights of a plot of land in Gokhle Market in a public auction upon which a commercial flat existed. The certificate of sale issued to Janki Devi is the certificate of sale issued in respect of lease-hold properties by the President of India under rule 90(15) of the Rules framed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 as she was the higest bidder in the sale by public auction held on May 27, 1957. The property described in the Schedule is an area of 122.8 square yards being a commercial flat over shop No. 47-58 and 48-57, Gokhle Marg, Delhi. The amount paid in cash and in the shape of compensation-claim totals Rs. 22,200. Alease was given to Janki Devi by the President of India on May 19, 1965. By this lease the President demised to Janki Devi "the land described in the Schedule hereunder written. ......." The Schedule describes the premises as "Commercial Flat over shop No. 47-58 and 48-57". The consideration is stated to be Rs. 22,200 which is the same as under the aforesaid sale certificate. The demise under this lease has been described in these words :-

(3.) It may here be mentioned that the words underlined in the above quotation have been substituted in hand for the words "premium" and "plot" which were in the printed copy of the original lease which has been shown to us whereas in the copy of the lease deed in the paper book of the case the aforesaid words "premium" and "plot" have not been struck off and the words substituted therefor have not been shown. This lease is for the term of 99 years commencing from February 11, 1958 and has fixed a yearly ground rent of Rs. 4. Various clauses in the lease mention the land and building or the land or structure or the land or buildings erected thereon.