V.GOPALA GOWDA, ARUN MISHRA
Delhi Development Authority – Appellant
Versus
Anant Raj Agencies Pvt. Ltd. – Respondent
JUDGMENT :
V. Gopala Gowda, J.
Leave granted.
2. This appeal by special leave is directed against the impugned judgment and order dated 31.05.2011 passed by the High Court of Delhi at New Delhi in RSA No. 6 of 1983, wherein the High Court has dismissed the second appeal filed by the appellant-Authority (hereinafter called “DDA”) holding that acceptance of rent, in the instant case, by the DDA pursuant to a demand made by it amounts to a renewal of lease in respect of the property in question.
3. Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:
The Delhi Improvement Trust vide lease deed dated 06.01.1951 granted lease of plot no.2, Jhandewalan, “E” Block, Delhi in favour of original lessee Balraj Virmani. After enactment of the Delhi Development Act, 1957, the DDA was constituted by notification of the Central Government and by virtue of Section 60 of the aforesaid Act, all properties, movable or immovable, vested in the Delhi Improvement Trust came to be vested in the DDA.
4. The lease in respect of property in question was initially for a period of 20 years i.e., w.e.f. 11.08.1948 to 10.08.1968 and the same was liable to be exten
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