PUSHPA RANI JAGGI Vs. DWARKA DASS

JUDGEMENT

(1.) Late Shri Jagdish Lal Jaggi was the owner of property bearing No.12/1, Tilak Nagar, New Delhi having acquired perpetual leasehold rights in pursuant to Perpetual Lease Deed dated 22.9.1965 (Exhibit AW-1/2). The Perpetual Lease Deed inter alia provided as under:

(2.) The Deed of Conveyance of the Building also executed on the same date contained a similar prohibition in Clause 5 as under:

(3.) A reading of the aforesaid Clauses, thus, shows that the Perpetual Lease Deed required that the premises should be used only for the purposes of residence and without the prior consent of the perpetual lessor, no trade or business could be carried on therein. A similar prohibition exists in the Deed of Conveyance of the Building as extracted aforesaid.