JUDGMENT

Khare, CJI.-By lease deed dated December 10, 1952 executed by the appellants herein, a plot of land at A/25, Nizamuddin West, New Delhi was leased out for 99 years to the predecessor in-interest of Respondent No. 1. The aforesaid land was demised by the appellant herein under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act ).

2. The said lease was executed on terms and conditions stipulated in Appendix XIII of Rule 40(3) of the Rules framed under the Act. Clause 1(vii) of the lease deed runs as under:

"1. The lessee doth to the intent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the lessor as follows:

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"(vii) not to use the said land and buildings that may be erected thereon during the said term for any purpose other than the purpose of constructing a house without the previous consent in writing of an officer appointed by the lessor in this behalf; provided that the lease shall become void if the land is used for any purpose other tha