SURESHWAR DAYAL SETH Vs. L AND DO

JUDGEMENT

(1.) By way of the present petition, petitioner prays that the order dated 14.9.1982 (Annexure P-7), order dated 3.1.1983 (Annexure P-9) and order dated 24.9.1983 (Annexure P-11) be quashed and as a consequence respondents be restrained from re-entering property bearing No. 13, Block 48, Diplomatic Enclave, New Delhi.

(2.) Backdrop of the facts leading to the filing of the petition are that vide agreement for lease (Annexure P-1) dated 22.7.1963, acting on behalf of the President of India, L&DO executed a lease in favour of the Delhi Cloth and General Mills Company Limited, under which a plot of land admeasuring 306.67 square yards numbered as plot No. 13, Block 48, Shopping Centre, Diplomatic Enclave was leased in favour of the lessee. Relevant part of the lease, relating to the use of the building to be constructed on the plot reads as under :-

(3.) The Delhi Cloth and General Mills Company Limited constructed the building and intended to sell the same to the petitioner. It sought the necessary sale permission from the lessor which was granted vide letter dated 9.5.1967 (Annexure P-2). Based on the sanction granted, Delhi Cloth and General Mills Company Limited, vide sale deed date 11.5.1967 registered as document No. 3212, additional book No. 1, Volume 1764, pages 52-55, registered on 18.5.1967 sold the building and the lease hold rights to the petitioner. Vide letter dated 22.5.1967 petitioner intimated the fact of having purchased the property and as a consequence sought mutation in his favour in the records of the L&DO.