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1993 Supreme(Del) 366

JASPAL SINGH
BIRLA INSTITUTE OF SCIENTIFIC RESEARCH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Ashok Sapra, D.N.Sawhney, N.R.Khaitan, Rajiv Bansal, VIKASH DHAVAN,

Mr. Jaspal Singh, J.

( 1 ) THE Birla Institute of Scientific Research, which is the petitioner before me, is a Society duly registered under the West Bengal Society Registration Act, 1961. By a lease agreement dated March 17, 1971 the Society took premises bearing No. 13, Mahatma Gandhi Road, Lajpat Nagar IV, New Delhi from Mrs. Santosh Chandiok, who is respondent No. 4 on a monthly rent of Rs. 4000. 00. Mrs. Chandiok had purchased the land underneath the said premises from one Mr. Sat Prakash Kapur. The original lessee was the President of India who had demised the same by a lease in writing dated April 3, 1959. One of the terms and conditions of the said lease and which is relevent for our purpose was as follows:

"1. The lessee doth to the intent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the Lessor as follows:- (i ). . . . . . . . . . . . . . . . . . . (ii) ------------------ (iii ). . . . . . . . . . . . . . . . . . . (iv) ------------------- (v) ------------------- (vi) not without the written consent of the Chief Commissioner, Delhi to carry on or permit to be carried on, on the said land and bui















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