RAMJAS FOUNDATION Vs. ARUN KUMAR PRUTHI

JUDGEMENT

(1.) This Regular Second Appeal is filed by the appellant/plaintiff against the impugned judgment of the first appellate court dated 01.11.2013 by which the first appellate court dismissed the appeal filed by the appellant/plaintiff against the judgment of the trial court dated 01.03.2012. The trial court by its judgment dated 01.03.2012 had dismissed the suit of the appellant/plaintiff/Ramjas Foundation (society registered under the Societies Registration Act, 1860) for recovery of arrears of license fee.

(2.) Both the courts below have dismissed the suit on the ground that since the appellant/plaintiff by its letter dated 29.05.1998, Exh.PW1/9, stated that the suit property is "under acquisition", therefore, the provisions of Sections 3 and 4 of the Delhi Land (Restriction on Transfer) Act, 1972 come into play, and since the appellant/plaintiff had not taken permission of the competent authorities for creating the license in this case in favour of the respondent/defendant, the transaction in question is illegal. Since the transaction is illegal, it is held that the appellant cannot recover arrears of license fee from the respondent/defendant. The conclusions of the first appellate court are contained in paras 5 to 9 of the impugned judgment and which read as under:-

(3.) A reading of the aforesaid paras shows that the Courts below have included in the expression "otherwise" as found in Sections 3 and 4 of the Delhi Land (Restriction on Transfer) Act, 1972 creation of license and accordingly by applying these provisions held the creation of licence as illegal.