2003 (2) TMI 524

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....erred to as 'the Act'). The said lease was executed on terms and conditions stipulated in Appendix XIII of Rule 40(3) of the Rules framed under the Act. Clause 1(vii) of the lease deed runs 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: ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- "(vii) not to use the said land and buildings that may be erected thereon during the said term for any purpose other than the purpose of constructing a house without the pre....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed, the appellant withdrew the offer of the penal charges and respondent no. 1 was informed that further action to re-enter in the house or otherwise would be considered as per the relevant terms of the lease deed without any further notice. The appellant thereafter on August 18, 1973 sent a notice to respondent no. 1 informing him that since he has committed the breach of Clause 1 (vii) of the lease deed, therefore the appellant was constrained to exercise the right of re-entry. By the said notice, the respondent no. 1 was also informed that his right, title and interest in the premises are extinguished and the said premises stands vested in the President of India on account of the breach of the terms of lease deed committed by him. Respon....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ouse on the leased land. It is also not disputed that respondent no. 1 herein did construct a house over the land. The question that arises for consideration is whether the letting out of first floor of the house to the Life Insurance Corporation of India for nonresidential purpose was contravention of Clause 1 (vii) of the lease deed? Under the Rules framed under the Act, various types of leases are set out in Appendix XI, XII and XIII to Rule 40(3) of the Rules. Admittedly, the predecessor-in-interest of respondent no. 1 was granted lease in terms of Appendix XIII to Rule 40(3). Clause 1 (vii) of the Appendix XIII, the breach of which is alleged to have been committed, required the lessee of the leased land to construct a house. No fur....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rohibits the use of building for any other purposes excepting for residential purpose:- "(vi) not without the written consent of the Chief Commissioner, Delhi to carry on or permit to be carried on, on the said land and buildings erected thereon during the said lease and trade or business whatsoever or use the same or permit the same to be used for any purpose other than that of a single storeyed building of one residential flat or a double storeyed building consisting of one or two residential flats in all, with a barsati on top, as may be approved for the locality or as provided in the building already erected on the said land"(emphasis supplied). The lessee under the abovesaid terms of lease deed is in fact precluded from usi....