AJAY PAL SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner assailing the order dated 24th January, 2006 passed by the LandDO, respondent no. 1 rejecting the petitioner's application for converting the property bearing no. E-78, Kalkaji, New Delhi from leasehold to free hold in his name.

(2.) The petitioner has complained that by a lease deed dated 12th June, 2002 executed by the respondent no. 1 in favour of respondent nos. 3 and 4, the subject property was leased to these respondents for the period commencing from 3rd August, 1970 on the yearly rent of Rs. 4/- only. The respondent nos. 3 and 4 sold of their rights in the subject property to the petitioners vide agreement to sell, General Power of Attorney, Special Power of Attorney dated 20th May, 2004 for a total sale consideration of Rs. 50 lacs. The writ petitioner has submitted that this sale consideration stands fully paid and consequently, the power of attorney being for consideration, the same is irrevocable in view of the provisions of Section 202 of the Contract Act.

(3.) The respondent no. 1 has opposed the writ petition and has pointed out that the respondent nos. 3 and 4 applied for a no objection certificate seeking sanction of the building plans for construction of a house by a letter dated 4th August, 2004 which was sanctioned on 19th November, 2004 Thereafter, on the 27th July, 2005, Shri Harbans Singh, respondent no. 3 has made an application that he has not signed any application/document seeking no objection or sanction of the building plans. It also appears that however, the respondent no. 3 has, on 11th November, 2005 purported to illegally revoke the General Power of Attorney executed in favour of the petitioners.