MADAN B.LOKUR
KULDIP SINGH SURI – Appellant
Versus
SURINDER SINGH KALRA – Respondent
( 1 ) THIS is a suit for specific performance and possession.
( 2 ) THE dispute between the parties relates to property No. B-1/16, Vasant Vihar, New Delhi. The property is built upon plot measuring 600 sq. yards. The land belongs to the President of India. According to the plaintiff, the lease of this land along with some other plots of land were granted by the President of India in favour of the Government Servants Co-operative House Building Society Ltd (hereinafter REFERRED TO to as the society ). The plaintiff is a member of this society. By a tri-partite agreement (hereinafter called the sub-lease agreement) dated April 1, 1969, executed between the President of India (the lessor), the society (the lessee) and the plaintiff, the sub-lease of the above said plot was granted in favour of the plaintiff for a period of 99 years. As per clause 6 of the sub-lease agreement, the sub-lessee was not to sell, transfer, assign or otherwise part with the possession of the whole or any part of the residential plot without the prior consent in writing of the lessor. That apart, the sub-lease agreement required the sub-lessee to construct a residential premises on the sub
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