( 1 ) A perpetual lease was executed on 16-10-1920 between the Secretary of State for India in Council and Edward Keventer of Aligarh Dairy Farm, Aligarh, in respect of a plot of land measuring 22. 95 acres situated on Kitchner now Sardar Patel Road, New Delhi, on a premium of Rs. 573-8. 8. 00 and annual rent of Rs. 286. 14. 00. The lease was granted for construction of a dairy farm according to the plan approved by the Chief Commissioner, Delhi, or his delegate. The said dairy farm was accordingly built and set up. The lease was transferred to the present petitioners, namely, Edward Keventers (Private) Ltd. sometime in 1946.

( 2 ) CONDITIONS (5) and (6) of the lease provided that the lessee will not without consent of the said Chief Commissioner or a duly authorised officer appointed by the Governor-General erect or suffer to be erected on any part of the premises any buildings other than and except the dairy farm buildings, make any alteration in the plan or elevation of the said dairy or attached buildings or carry on or permit to be carried on the said premises any trade or business other than that of a dairy farm or use of the same or permit the same to be used