SATYA DEV KOHLI Vs. CHANDER MOHAN

JUDGEMENT

(1.) Plaintiff-appellant is in the regular second appeal against the judgment passed by the First Appellate Court reversing the judgment of the trial Court.

(2.) In the considered view of this Court, the following substantial question of law arise for consideration:-

(3.) This was an allotment on 99 year lease hold basis with stipulation that lessee shall not sell or otherwise transfer his or her rights in the property for a period of 15 years. After a period of 15 years, the property was transferable or could be sold subject to the condition that 50% of the unearned increase in the value of the land at the time of sale shall be payable to the Chandigarh Administration. It was further provided that no fragmentation of the site or building is erected shall be permitted. It further provides that the building erected on the site shall be used by the lessees themselves exclusively for the specific industry which has been allotted. Clauses 9, 13 and 16 of the allotment letter are extracted as under:-