HARMINDER ANAND Vs. UOI

JUDGEMENT

(1.) M/s. Ram Rakha Mal and Sh.Dewan Chand were the co-lessees each having 50% share in property bearing shop No.91, Azad Market, Delhi. Inter-alia clauses B and C of the perpetual lease-deed stipulated as under:- (b) The Lessee shall before any assignment or transfer of the said premises hereby demised or any part thereof obtain from the Lessor approval in writing of the said assignment or transfer and all such assignees and transferees and the heirs of the Lessee shall be bound by all the covenants and conditions herein contained and be answerable in all respects therefore. (c) The Lessee can transfer the land after obtaining the permission of the Lessor aforesaid and the Lessor will not share any unearned increment in the value of the land (being the difference in the premium paid by him to the Lessor and the market value of the land then prevailing) for permitting such transfer. The Lessor will, however, be entitled to claim and recover the unearned increment in the value of land in the event of any subsequent transfer of the land by a transferee the amount so to be recovered being 50% of the unearned increment in the value of the land.

(2.) On the basis of a general power of attorney executed in his favour by the lessee(s), Shri Ram Nath Chopra applied to the respondent seeking permission to sell the perpetual lease hold rights in favour of one Shri Munshi Ram. Sanction was granted on 18.1.1973. Sale deed was executed in favour of Munshi Ram and on 8.3.1973 mutation was effected in his favour. Thus, Munshi Ram was accepted as the perpetual lessee of the premises.

(3.) One Man Mohan Anand S/o Munshi Ram obtained a decree for possession concerning the shop. On the basis of the decree for possession, Man Mohan Anand obtained possession of the shop.