UNION OF INDIA Vs. KAMLA BAKSHI

JUDGEMENT

(1.) Though learned counsel for the respondents have filed CM No. 1538 of 1987 for recalling the order of this Court dated 28th October 1987 passed in CM No. 218 of 1987, in view of the observations of the Hon'ble The Supreme Court of India in its order dated 24th November, 1987 passed in Special Leave Petition (Civil) No. 13530 of 1987, since the main Letters Patent Appeal itself can be disposed of, we find it fit and proper to dispose of the appeal itself.

(2.) The order under appeal is an order dated 28th October, 1986 passed by learned single Judge while disposing of CM No. 1114 of 1984 in C.W No. 857 of 1984. By the impugned order the learned single Judge has by ad interim order stayed the re-entry of the premises in dispute i.e. Plot No. 13, Tolstoy Marg, New Delhi.

(3.) Government of India is the owner of the plot in dispute. It was leased in prepetuity in favour of Sh. N. D. Sanon and Sh. H. R. Sanon, predecessor-in-interest of the respondents in this appeal, by lease deed dated October 16, 1936. Subclauses (5) and (6) of clause 2 of the lease deed read as under :- ''2. The Lessee for himself, his heirs, executors, administrators and assigns covenants with the Lessor in manner following (that is to say)-- (5) The Lessee will not without the previous consent in writing of the Chief Commissioner of Delhi or duly authorised officer as aforesaid erect or suffer to be erected on any part of the said demised premises any buildings other than and except the building erected thereon at 'the date of these presents. (6) "The Lessee will not without such consent as aforesaid carry on or permit to be carried on the said premises any trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of a residence or do or suffer to be done thereon any act or thing whatsoever which in the opinion of the Chief Commissioner of Delhi may be an annoyance or disturbance to be Secretary of State or his tenants in the New Capital of Delhi."