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2005 Supreme(Del) 982

PRADEEP NANDRAJOG
Sureshwar Dayal Seth – Appellant
Versus
L and DO – Respondent


Advocates:
H. L. Tiku, Sr. Advocate, Yashmeet Kaur, for Petitioner; Siddharth Mridul, Ms. Pragya Gupta, for Respondents.

Judgement

ORDER :- By way of the present petition, petitioner prays that the order dated 14-9-1982 (Annexure-P7), order dated 3-1-1983 (Annexure-P-9) and order dated 24-9-1983 (Annexure-P11) be quashed and as a consequence respondents be restrained from re-entering property bearing No. 13, Block 48, Diplomatic Enclave, New Delhi.

2. Backdrop of the facts leading to the filing of the petition are that vide agreement for lease (Annexure-P1) dated 22-7-1963, acting on behalf of the President of India, L and Do executed a lease in favour of the Delhi Cloth and General Mills Company Limited, under which a plot of land admeasuring 306.67 square yards numbered as plot No. 13, Block 48, Shopping Centre, Diplomatic Enclave was leased in favour of the lessee. Relevant part of the lease, relating to the use of the building to be constructed on the plot reads as under :-

"XIV. During the period of this Agreement the said land shall be used only for the purpose expressly stated in Clause II hereof and subject to the terms of the covenant in that respect to be contained in the Lease no part of the building to be erected on the said land shall at any time hereafter without the previous consent in wr











































































































































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