Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 Delhi Development Act lessee approached DDA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Delhi Development Act, 1957 (61 of 1957) Public Premises (eviction of Unauthorised Occupants) Act, 1971 (40 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Delhi Development Act, 1957 - ss. 21 (1), 22 - Grant of lease in favour of original lessee for twenty years - Extension allowed for a further period of twenty years at option of lessee - Original lessee approached DDA for renewal of lease - Breach of terms and conditions of lease by lessee - Issuance of notice dated 16.02.1968 to lessee - Four years later termination of lease - Suit for perpetual injunction by original lessee seeking restraining order against DDA - Suit decreed in favour of original lessee - First appeal by DDA dismissed - During pendency of second appeal by DDA, said property purchased by the respondent vide sale deed in view of compromise decree passed by the High Court - Substitution of respondent in place of the original lessee - Payment of charges for conversion from leasehold to freehold by respondent - Dismissal of second appeal by High Court holding that acceptance of rent by DDA pursuant to a demand made by it amounts to a renewal of lease in respect of the property - On appeal, held: Property is a Public Premises in terms of s.2(e)(3)(ii) of the 1971 Act - There cannot be an automatic renewal of lease in favour of the original lessee once it stands terminated by efflux of time and also by issuing notice terminating the lease - Merely accepting the amount towards the rent by DDA after expiry of the lease period would not be construed as renewal of lease for another period of 20 years - Also the original lessee failed to remedy the breaches -In the absence-- of renewal of lease, status of the original lessee, in relation to the property was that of an unauthorised occupant in terms of s. 2(g) of the 1971 Act- Person having no right, title or interest in the a property cannot transfer the same by way of sale deed - Sale of the property by the original lessee in favour of the respondent was not a valid assignment of his right in respect of the same, thus, not binding on the DDA - Deposition of conversion charges of the said property from lease hold to free hold right to DDA also not of any help to respondent - Thus, the order passed by the High Court set aside - DDA to take the possession of the property without resorting to eviction proceedings - DDA entitled for the recovery of damages from both, the original lessee or his legal heirs and the respondent - Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - ss. 2(e){3){ii), 2(g) - Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 - r. 43. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2016 INSC 308 |
Petitioner | Delhi Development Authority |
Respondent | M/s. Anant Raj Agencies Pvt. Ltd. |
SCR | [2016] 1 S.C.R. 787 |
Judgement Date | 2016-04-12 |
Case Number | 3783 |
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