UNION OF INDIA MINISTRY OF URBAN DEVELOPMENT AND POVERTY ALLEVIATION LAND AND DEVELOPMENT OFFICER NIRMAN BHAWAN NEW DELHI Vs. SURAJ PARKASH ANAND S O SH NANK CHAND ANAND

JUDGEMENT

(1.) The Appellant is aggrieved by the judgment and order dated 23rd August, 2004 passed by a learned Single Judge allowing WP (C) No. 2355/2002. We find that this is not a fit case for interference and dismiss the appeal.

(2.) Shri K.L. Sawhney was a successful bidder in a public auction held on 27th August, 1970 in respect of a plot bearing No. DD-33, Kalkaji, New Delhi measuring 867 sq. yards. Thereafter, the Appellant executed a perpetual lease deed dated 3rd December, 1971 in his favour. One of the terms of the lease deed, that is, clause (d) provided that a lessor would have the right to revise the annual ground rent subsequent to the first transfer of the property and that the revised ground rent would be 2 ?% of the value of the land at the time of such transfer. Clause (d) of the lease deed reads as follows:-

(3.) Shri Sawhney was desirous of having his brother-in-law as a co-lessee in the said property and the Appellant accepted his request subject to the condition that that would be treated as a first transfer. Shri Sawhney agreed to this.