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2020 Supreme(Del) 1232

PRATEEK JALAN
Union Of India – Appellant
Versus
Sir Sobha Singh & Sons P Ltd – Respondent


Advocates Appeared:
Akshay Makhija, Advocate, Roshni Namboodiry, Advocate, Vikas Bhadauria, Advocate, Kriti Awasthi, Advocate, Ankit Tyagi, Advocate, P.S. Bindra, Advocate, Bhuvneshwar Tyagi, Advocate

JUDGMENT

Prateek Jalan, J. - This petition under Article 227 of the Constitution of India, filed by the Union of India [hereinafter referred to as "UOI"] arises out of eviction proceedings instituted by the respondent herein against the UOI. The UOI has challenged the order of the Rent Control Tribunal [hereinafter referred to as "the Tribunal"] dated 01.09.2007 in RCA No. 157/2006. By the impugned order, the Tribunal dismissed the UOI''s appeal against the orders of the learned Additional Rent Controller [hereinafter referred to as "ARC"] dated 14.02.2005 and 08.07.2004, allowing Eviction Suit No. 68/98/91, filed by the respondent.

    Facts

    2. Vide a perpetual lease deed dated 16.04.1945, the Governor General in Council (lessor) leased land measuring approximately 7.58 acres, situated on North and South Sujan Singh Park, New Delhi, to Hon''ble Sardar Bahadur Sir Sobha Singh and Sons Private Limited (lessee), with an obligation upon the lessee to construct blocks of residential flats, on the terms and conditions stated in the perpetual lease deed. It is undisputed that the UOI and the respondents herein are the successors-in-interest to these parties.

    3. By virtue of Clause 2(9) of the

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