KARAMTULLAH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Plaintiffs have filed the suit for permanent injunction against the defendant from enforcing any order of re-entry and especially the one passed in June, 1983 and also from interfering with the peaceful use and enjoyment of the suit property.

(2.) The brief facts of the case are that the plaintiffs are owners of the property bearing No. 54, Motia Khan Dumb Scheme New Delhi, hereinafter referred to as "the suit premises". Shri Niyamatullah, plaintiff no.2 is the constituted General Attorney of the plaintiff and is authorised and competent to file the present suit and to sign and verify the plaint.

(3.) It is alleged in the plaint that by anagreement for lease dated November 22, 1962, the defendant, as the lessor had agreed to demise the land of the suit premises to one Shri Krishan Chand Ohri and by an agreement of hypothecation dated November 23, 1965, Shri Kishan Chand Ohri had entered into an agreement with one Sardar Joginder Singh for the construction of a-multi-storeyed building on the plot and consequently, a building <PG>557</PG> comprising of basement, ground floor, first floor and barsati with lift well was constructed on the said plot of land. The Municipal Corporation of Delhi on November 16, 1965 had issued occupancy certificate. The said Kishan Chand Ohri not being able to pay for the construction of the building, applied to the defendant for permission to transfer his right, title and interest in the said plot and the building in favour of Shri Joginder Singh. On such permission being granted, the right was accordingly transferred with title and interest to Shri Joginder Singh. Shri Joginder Singh again, with the permission of the defendant, transferred his rights, title and interest in the plot and the building to M/s Sardar Jagmohan Singh, Sardar Parvinder Singh, Miss Harvinder Kaur and HUF of the said family under a sale deed executed on June 9. 1966. On January 16, 1969 and September 30, 1969, the original lessees Sardar Jagmohan Singh and others had inducted the tenants in the suit property viz M/s United Automobiles in the ground floor and M/s Munshiram Manohar Lal in the first floor. The said tenants had already stood inducted and the alleged misuse had already started. The officers of the defendant, having duly inspected and surveyed the premises, raised no objection whatsoever, about the misuser by the said tenants. It is further reiterated that the defendant was aware of the said misuse by the tenants, inducted in the suit premises, and despite that perpetual lease was granted in favour of the original lessees. Thereafter, the original lessees obtained on December 28, 1973, from the defendant the permission to sell the suit premises to the plaintiffs and by a sale deed dated February 26, 1974, the original lessees sold the suit premises to the plaintiffs. The said sale deed was registered as document No. 823 in Book No. 1, Volume No. 3074 on pages 148 to 165 dated March 1, 1974. The original lessees i.e. Sardar Jagmohan Singh and others wrote letters to the tenants, requiring them to attorn to the plaintiffs and to pay rent to them w.e.f. April 1. 1974.