S. Ravindra Bhat, J.

1. This common judgment and order will dispose off an appeal (RFA (OS) No. 28 of 2003) directed against the judgment of a learned Single Judge decreeing a suit (Suit No. 1642/1992, hereafter “the suit”) for specific performance. The decree required execution of sale deed and receipt of the consideration. The same individual, R.S. Malhotra (hereafter referred to as the “original owner”) has also, in a writ petition (No.2658/2012) under Article 226 of the Constitution, claimed a direction in the nature of certiorari to quash the demand made by the respondent Delhi Development Authority (DDA) in its letter dated 12th January 2012 impugned therein, whereby unearned increase quantified by the said Authority has been demanded.

2. The original owner was perpetual lessee of property bearing plot number B-140, Block B, Vivek Vihar, Delhi- measuring 300 sq. yards - acquired through perpetual lease executed on 12th June 1989 by the President of India. The original owner had agreed to sell the property to one Mr. Sewa Singh and Mrs. Pawanjeet Kaur for a sale consideration of Rs. 7,72,500/-. To complete the said sale the petitioner had to obtain necessary permis