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2008 Supreme(Del) 98

SANJIV KHANNA
KlRAN KOHLI – Appellant
Versus
D. D. A. – Respondent


Advocates:
Advocate Appeared
For the Petitioner:Mr. Rajan Saluja, Advocate.
For the Respondent:Ms. Sangeeta Chandra, Advocate.

ORDER

1. Smt. Kiran Kohli, hereinafter referred to as the petitioner, has filed the present writ petition for directing DDA to convert property No. D-945, New Friends Colony, New Delhi from lease hold to free hold in her name.

2. The property mentioned above was originally allotted to one Mr. Amrik Singh by execution of a sub-lease dated 18.1.1973. Mr. Amrik Singh executed a registered Will dated 14.10.1977 and bequeathed the said property to the petitioner. Mr. Amrik Singh expired on 12.1.1982. On the basis of the Will, DDA by an order dated 2.9.1982, mutated the property in its record in the name of the petitioner.

3. After waiting for about four years, DDA by another letter doted 14A.1986 Informed the petitioner that the mutation granted in favour of the petitioner by the letter dated 2.9.1982 shall remain suspended because there was contravention of Clause II 6(a) and 6(b) of the sub-lease deed which reads as under:

II.6 (a) The sub-lessee shall not sell, transfer, assign or otherwise part with the possession of the whole or any part of the residential plot in any form or manner, benl11/li or otherwise, to a person who is not a member of the Lessee.

II.(b) The sub-lessee shall not






















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