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SUPREME COURT
, J
DDA – Appellant
Versus
M/s Anant Raj Agencies Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the lease and appeals. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments of dda against lease renewal. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. court's observations and analysis of lease validity. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
1. Leave granted.
2. This appeal by special leave is directed against the impugned judgment and order dated 31.05.2011 passed by the High Court of Delhi at New Delhi in RSA No. 6 of 1983, wherein the High Court has dismissed the second appeal filed by the appellant - Authority (hereinafter called " DDA ") holding that acceptance of rent, in the instant case, by the pursuant to a demand made by it amounts to a renewal of lease in respect of the property in question.
3. Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:
The Delhi Improvement Trust vide lease deed dated 06.01.1951 granted lease of plot no.2, Jhandewalan, "E" Block, Delhi in favour of original lessee Balraj Virmani. After enactment of the Delhi Development Act, 1957 , the DDA was constituted by notification of the Central Government and by vi
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