KIRAN KOHLI Vs. D.D.A.

JUDGEMENT

(1.) SMT . Kiran Kohli, hereinafter referred to as the petitioner, has filed the present writ petition for directing DDA to convert property No. D-945, New Friends Colony, New Delhi from lease hold to free hold in her name.

(2.) THE property mentioned above was originally allotted to one Mr. Amrik Singh by execution of a sub lease dated 18.1.1973. Mr. Amrik Singh executed a registered Will dated 14.10.1977 and bequeathed the said property to the petitioner. Mr. Amrik Singh expired on 12.1.1982. On the basis of the Will, DDA by an order dated 2.9.1982, mutated the property in its record in the name of the petitioner.

(3.) THE stand of DDA was that the petitioner had purchased rights and interest of Mr. Amrik Singh and the Will executed by Mr. Amrik Singh in favour of the petitioner was not executed out of natural love and affection. The case of DDA was that above clause of the sub lease was violated. A reference in this regard can be made to the case of Delhi Development Authority v. Vijaya C. Gurshaney, 2003(4) RCR(Civil) 142 : (2003)7 SCC 301, wherein it was held as under :-