O P ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has assailed the order dated 1-9-1993, passed by the trial court declining the petitioner's prayer made in an interim application for a direction to the respondent to accept the damages offered to be paid by the petitioner in accordance with the guidelines issued and acted upon by respondent.

(2.) A brief resume of facts alongwith the rival contentions, shred of unnecessary details, is necessary.

(3.) A perpetual lease deed dated 2-9-1948 in respect of Plot No. G-8 Connaught Circus, New Delhi was granted to one Pandit Jagan Nath Ganju. A two and a half storied building was built. The respondent issued a notice for breaches on account of unauthorized constructions and misuser. This was followed by and order of re-entry. In the event, .petitioner subsequently vide a registered sale deed in January 1984, purchased the property. Petitioner applied to respondent L & DO formulation of the lease in his favour conveying willingness to pay damages. The respondent set out the terms and conditions and the damages payable for regularization of the breaches and cancellation of re-entry. The petitioner paid Rs.88,725.95 and agreed to pay the balance in 24 installments of Rs. 28,775.40 each.. On 24-3-1988, the petitioner entered into a supplementary lease deed recording agreement to pay the amounts as aforesaid and to abide by the terms and conditions set out therein.