SHAM KAPUR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This judgment shall also dispose the writ petition No. 1824/71 (Bal Krishan Kapoor v. Delhi Development Authority) as they raise common questions for determination.

(2.) The Delhi Improvement Trust, predecessor-in-interest of the Delhi Development Authority (respondent No. 1) by two separate lease deeds, both dt. June 3, 1941, granted a lease for 90 years in respect of plots Nos. 35 & 36 Block F, Darya Ganj, Delhi, in favour of Radha Kishan Kapoor. Mrs. Sham Kapoor and Bal Kishan Kapoor, petitioners in these petitions are successors-in-interest of the said Radha Kishan Kapoor in respect of plots Nos. 35 & 36 respectively. One of the covenants of the lease deed was that the lessee shall not use "the said land and building that may be erected thereon during the said term for any other purpose than for the purpose of shops with residential flats without the consent in writing of the said lessor........". Cl. (ii) of the lease deed inter alia provided :

(3.) Delhi Development Authority issued a notice dt. Dec. 23, 1970 to Sh. Amar Nath husband of Smt. Sham Kapoor, one of the petitioners requiring him to show cause within 30 days of the receipt of the notice as to why for the breach of Cl. (vi) of the lease deed the lease may not be cancelled and the said land together with all such buildings, erections and material as may be found therein may not be re-entered upon. This followed a letter from the Executive Officer of the D.D.A. dt. May 5,1971 in connection with the misuse of the plot in question and payment of consideration money. The Executive Officer sent a similar letter dt. May 5, 1971 to Bal Kishan Kapoor. It appears that both the lessees made some representations through their counsel. Those representations were rejected by letters dt. July 5, 1971.