C.M.NAYAR
JUSTICE SISIR KUMAR SEN (RETD) – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE present petition is directed against the order passed by the respondents on September 6, 1991 raising the demand for alleged misuser charges in respect of the premises situated on plot No. 22, Block 127, known as 48, Hanuman Road, New Delhi. The said order is filed as Annexure l to the writ petition.
( 2 ) THE brief facts of the case are that perpetual lease-deed was executed in favour of one Dr. Jnanada Kanta Sen by Secretary of State in respect of the premises on March 1, 1923. The said Dr. Sen died on January 15, 1955 and in the year 1957 the premises were rented out to Dr. Ved Prakash for residential purposes. It is stated that there was no written agreement in respect of this tenancy. The notice was received from respondent No. 2 to landlords of the premises for misuser and breach of clause 6 of the Lease Deed on January 19, 1971 and the landlords, as a consequence, wrote to the tenants on June 30, 1971 for removal of the breach. Similarly, notice was received from respondent No. 2 to remove the breach within 15 days on July 30, 1971. Thereafter, the landlords took immediate steps to stop misuser and terminated the tenancy on the expiry of the month
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