MANGAT RAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These writ petitions raise certain common questions for determination and have been argued together. Since we have decided to dismiss the writ petitions on a short prelminary, ground, it is not necessary to set out in detail all ths facts which form the background of each of these writ petitions It is sufficient to set out the salient facts necessary to appreciate the point decided and for this purpose, the facts pertaining to CW 1047183 may alone be narrated.

(2.) Under the lease deed a plot of land was granted to the petitioner on certain terms and conditions which are all not relevant for our present purposes. It is sufficient to state that the lessee covenanted with the lessor, inter alia, as follows :-

(3.) On the above plot of land the petitioner, after obtaining the sanction of the concerned civic authorities, constructed a house property. The said premises was leased out to one S.C. Bhaskar some time in 1981 at a monthly rent of Rs. 3,500. The tenant started running a lodging house in the premises from June, 1981 under the name 'Meera (or Maurya) Inn'. It is this utilisation of the building in question that has raised a number of problems. We are concerned here with a limited question as to the effect of this utilisation vis-a-vis the covenants undertaken by the petitioner in respect thereof under the lease deed.