( 1 ) THE appellant DDA aggrieved by the judgment of the Single Judge dated 4th March, 1999 has preferred this appeal before this Court with the request that the order of the learned Single Judge be set aside. The learned Single Judge in view of the judgment of the Division Bench passed in Mrs. Vijaya C. Gursahaney vs. Delhi Development Authority , reported in 1994 II AD Delhi 770 allowed the Writ Petition. The learned Single Judge has observed that the petitioner (respondent herein) has got a valid will, and probate having been issued by a competent Court the respondent cannot claim and demand unearned increase. He further submitted that the grant letters of administration of the will is final and binding. The respondent (appellant herein) could not go contrary to the settled law and claim and demand 50% unearned increase for mutating the property in favour of the petitioner (respondent herein ).

( 2 ) BRIEF facts which are necessary for disposal of this appeal are recapitulated as under:- the DDA had alloted the plot bearing No. E-7, East of Kailash, New Delhi to Sh. Jaswant Singh S/o Shri Shib Dayal. A perpetual lease deed of the plot executed between Jaswant