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1973 Supreme(SC) 31

A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
Faqir Chand: K. S. Gupta – Appellant
Versus
Ram Rattan Bhanot: Harbans Kaur – Respondent


Judgment

ALAGIRISWAMI, J. :- These two appeals by special leave are against the judgment of the High Court of Delhi allowing the appeals filed by the two respondents.

2. The respondents are landlords of two houses in the Karol Bagh area of Delhi. The house are built on lands given on long lease by the Delhi Improvement Trust to the rights, liabilities and assets of which the Delhi Development Authority has since succeeded.

3. Under the terms of the lease, subject to revision of rent, the lessees were to put up residential buildings on the leased lands and the lessees undertook :

"(vi) not to use the said land and buildings that may be erected thereon during the said term for any other purpose than for the purpose of residential house without the consent in writing of the said lessor; provided that the lease shall become void if the land is used for any purpose than that for which the lease is granted not being a purpose subsequently approved by the lessor."

The present landlords are not the original lessees but teir successors-in-interest. Portions of buildings have been leased for commercial purposes, a barber shop in C. A. No. 846 and in scooter repair shop in C. A. No. 1343. The Delh

























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