Ram Kishan (Deceased) through LRs. vs Kanwar Inderjit Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 676

PRATHIBA M. SINGH
Ram Kishan (Deceased) through LRs. – Appellant
Versus
Kanwar Inderjit Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. J.P. Sengh, Mr. R.L. Sinha, Mr. Tanuj Gulati, Mr. Sunil Verma.
For the Respondents: Mrs. Kajal Chandra, Ms. Prerna Chopra, Mr. Viren Kapur, Mr. Divye Puri.

JUDGMENT :

PRATHIBA M. SINGH, J.

Brief Facts

1. The property in question is a portion of Z-39, West Patel Nagar, New Delhi (hereinafter “suit property”) wherein admittedly, the Appellant-tenant (hereinafter “tenant”) is running a dry-cleaning shop by the name of Uttam Dry Cleaners. The suit property is a leasehold property by the L&DO in favour of the Respondent-landlord (hereinafter “landlord”). The said lease deed was executed on 10th June, 1959, by the President of India, for a period of 99 years commencing from 30th September, 1955. The relevant clauses in the lease deed read as under:

“1. The Lessee doth to the intent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the Lessor as follows:

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(v) not to erect more than one building *single storeyed containing one residential flat or *double storeyed consisting of one or two residential flats in all, with a barsati on top, as may be approved by the Chief Commissioner, Delhi or such officer or body as the Lessor or the Chief Commissioner, Delhi may authorise in this behalf, except such outhouses and servant quarters as may be approved by the Lessor. An