J U D G M E N T

1. This common judgment shall decide the above-noted writ petitions which have been preferred by the petitioner, thereby invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking certain reliefs against the respondent No.1/Delhi Development Authority [“DDA”], raising common questions of law and facts and can be conveniently disposed of together. However, in order to avoid any confusion and for better appreciation, this Court would present the facts of the two writ petitions separately. W.P.(C) 9983/2020

2. Briefly stated, the case of the petitioner is that a commercial plot of land bearing Municipal No. 28360 admeasuring 5444 Square Signature Not Verified Digitally Signed W.P.(C) 9983/2020 & 1602/2023 Page 2 of 37 Yards situated at Desh Bandhu Gupta Road, Paharganj, Delhi-110055, formerly known as “Arakashan Paharganj” (hereinafter referred as the ‘subject property’), was leased out by the Secretary of State for India in favour of late Shri Durga Chand Kaushish S/o late Pandit Lakshmi Chandra vide registered lease deed dated 17.09.19311. It is stated that the said lease was for a term of 90 years commencing from 01.04.1931 and it was agreed that it could be renewed for a further period of 70 years. It is stated that the lessee, late Shri D.C. Kaushish, paid a premium of Rs. 18,242/- besides agreeing to pay annual rent @ Rs. 365/- payable in two equal half yearly instalments of Rs. 182.50 Paisa. It stated that in furtherance of the Scheme by the Delhi Improvement Trust [“DIT”] for the improvement and development of the Basti Ara Kashan area wherein the subject property was comprised, an agreement dated 27.05.1955 was also executed between the DIT and late Shri Durga Chand Kaushish, whereby the same terms and conditions of the original lease deed dated 17.09.1931 were reiterated, as also yearly rent. It appears that after the abolition of DIT and advent of the respondent No.1/DDA in 1957, dispute arose between late Shri Durga Chand Kaushish and the respondent No.1/DDA with respect to the quantum of rent, and on 03.06.1964, a sum of Rs. 4657.75 Paisa was recovered from the lessee as arrears of rent through the Collector, which was paid under protest. Aggrieved thereof, late Shri Durga Chand Kaushish filed a suit before this Court seeking reliefs in the nature of injunction, thereby restraining the DDA 1Registered with the office of Sub-Registrar as document No. 203 in Additional Book No.1, Volume No. 30 on pages 327 to 341 dated 25.01.1932 Signature Not Verified Digitally Signed W.P.(C) 9983/2020 & 1602/2023 Page 3 of 37 from recovering anything in excess of the rent of Rs. 365/- per annum. It is stated that the said suit was decreed ex parte in favour of the original lessee i.e., late Shri Durga Chand Kaushish on 10.09.1967, thereby holding that on proper construction of the lease deed, no rent in excess of Rs. 365/- could be recovered from the lessee until the expiry of initial 90 years of lease i.e. until 01.04.2021. The ex parte decree dated 10.09.1967 was, however, set aside by this Court vide order dated 08.01.1969 by the learned Single Judge, which order was assailed in RFA2 (OS) No. 16/1970 before the Division Bench of this Court, which appeal was allowed in favour of late Shri Durga Chand Kaushish vide judgment and decree dated 26.05.1971 and it was held that that the original lessee was only required to pay a sum of Rs. 365/- as the annual rent during the subsistence of the lease deed dated 17.09.1931. This led to the respondent No.1/DDA preferring an appeal bearing Civil Appeal No. 298/19723 before the Supreme Court, which was dismissed vide judgment dated 28.08.1973.

3. In order to address the matters in issue, cutting the long story short, it appears that on the death of Shri Durga Chand Kaushish, a suit for partition was instituted bearing CS (OS) No. 414/2008 which led to passing of a preliminary decree by this Court dated 24.03.2009 and in