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2006 Supreme(Del) 198

MADAN B.LOKUR, MARKANDEY KATJU
PREM LATA BHATIA – Appellant
Versus
UNION OF INDIA – Respondent


MARKANDEYA KATJU, C. J.

( 1 ) THIS Appeal has been filed against the judgment of the learned Single judge dated 14. 10. 2003 by which the Writ Petition was dismissed.

( 2 ) HEARD learned counsels for the parties and perused the record.

( 3 ) THE facts of the case are that the Petitioner Mrs. Prem Lata Bhatia was allotted in perpetuity Shop No. 10, Asia House, Kasturba Gandhi Marg, new Delhi, by the Union of India in 1975 at a monthly rent of Rs. 901/ -. Consequently, the petitioner came into exclusive possession of the shop. Clause 8 of the License Deed states as under:-"the Licensee (s) shall not permit the said premises or any part thereof being used by any other person for any purpose whatsoever without the previous consent in writing of the Government and in default thereof shall be liable for ejectment. The Licensee (s) shall not introduce any partner nor shall he/they transfer possession of the premises or part thereof or otherwise carry on the business in the premises with any other person or assign, transfer, change, otherwise alienate his interest in the premises. "

( 4 ) THE Petitioner incorporated a company called Romika World Travel pvt. Ltd. in November 1976 wherein the


























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