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1981 Supreme(Del) 322

SULTAN SINGH
MANOHAR LAL – Appellant
Versus
NARAIN DAS AND DDA – Respondent


Advocates Appeared:
AJIT SINGH, B.R.Malik, G.S.VASHISHT, R.L.Kohli

Sultan Singh,j.

( 1 ) PLOT No. 12 Block No. 10, Dev Nagar, Karol Bagh, New Delhi was leased out to Ratan Lal in terms of a lease deed dated 24th July, 1953. Ratan Lal raised the structure. It was agreed that the lessee would not use the said land and buildings erected thereon for any other purpose than for the purpose of a residential house without the consent in writing of the lessor ; provided the lease would become void if the land was used for any purpose other than that for which the lease was granted not being a purpose subsequently approved by the lessor. Ratan Lal let out a portion of the said property to Narain Dass, respondent, on a monthly rent of Rs. 63. 00. The petitioner purchased the suit house bearing No 6778 on plot No. 12 Block No. 10 in 1961 and the respondent attorned to him as a tenant. The respondent has been carrying on the work of dairy in the premises in suit. The Delhi Development Author ity objected to the use of the premises for a dairy as it was a commercial use and contrary to the terms of the lease. The petitioner served a notice requiring the respondent to stop the misuser and filed an eviction petition under Section 14 (1) (k) of the Delhi Rent Cont





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