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2003 (8) TMI 583
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....s, the facts leading to the filing of the present appeal arises under the following circumstances: - One Ram Dhan (since deceased) had purchased a plot No. D-3, Community center, Narayana, in the public auction held by the Delhi Development Authority (hereinafter the 'DDA') on 25.5.1969. The perpetual lease deed of the plot was executed between Ram Dhan and the President of India on 17.2.1972. On 18.9.1978, Ram Dhan died without any construction on the plot. The respondent herein - Mrs. Vijaya C. Gurshaney, seems to have applied for grant of Letters of Administration to the District Judge, Delhi, on the strength of a Will, said to have been executed by Ram Dhan on 26.10.1977 in her favour. It appears that the District Judge granted Letters of Administration on 7.5.1980. Thereafter, the respondent had applied to DDA for substitution of her name in place of deceased Ram Dhan. DDA issued show cause notice for non-construction on plot within the specified time, which was replied by the respondent by her letter dated 11.12.1982 requesting DDA for mutation of her name in place of Ram Dhan on the strength of the alleged Will, whereupon DDA asked the responden....
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....n C.A. 5424 of 1999. 4. The High Court has not at all adverted to the terms and conditions stipulated in the perpetual lease deed executed between DDA and the deceased - Ram Dhan, on the basis of which two impugned letters in Writ Petition have been issued. This is where the High Court had side tracked the main issue and decided an issue, which was not at all relevant in the facts and circumstances of the case. It was the specific case of the appellant (respondent before the High Court) that the Will was actuated by monetary consideration and was in fact a sale. It was also the specific case of the appellant that it was actually a transfer of land to non-blood relation of the deceased - Ram Dhan and was in violation of the terms and conditions stipulated in the lease deed and therefore, the respondent was liable to pay 50% of unearned increase in the value of the property. 5. The High Court although extracted the relevant clauses of terms and conditions of lease and referred to the policy decision of DDA but the same were not at all adverted to while reaching the conclusion. In our view, the High Court, in its impugned order has not at all adverted to the relevant issues and ....
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....ave the pre-emptive right to purchase the mortgaged or charged property after deducting fifty percent of the unearned increase as aforesaid. (5) The Lessor's right to the recovery of fifty per cent of the unearned increase and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be by or through an executing or insolvency Court. (8) Whenever the title of Lessee in the plot is transferred in any manner whatsoever the transferor and the transferee shall, within three months of the transfer, give notice of such transfer in writing to the Lessor. In the event of the death of the Lessee the person on whom the title of the deceased devolves shall, within three months of the devolution, give notice of such devolution to the Lessor. The transferee or the person on whom the title devolves, as the case may be shall supply the Lessor certified copies of the documents) evidencing the transfer or devolution." 7. Further, DDA on 26.7.1988 with the approval of the Lt. Governor of Delhi formulated a policy and issued gu....
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....eceipt, Challan form, wherever necessary; and 11) Such other documents as required to be obtained as per instruction issued from time to time or procedure laid down therefore. 8. In this case the alleged will is executed on 26th October, 1977. Ram Dhan died on 18th September, 1978. Letters of Administration were granted on 7th May, 1980. Admittedly, the respondent is not related to the deceased Ram Dhan. The" High Court clearly erred in holding that merely because Letters of Administration are granted the appellants cannot inquire into the true nature of the transaction. It is settled law that a Testamentary Court whilst granting Probate or Letters of Administration does not even consider particularly in uncontested matters, the motive behind execution of a testamentary instrument. A Testamentary court is only concerned with finding out whether or not the testator executed the testamentary instrument of his free will. It is settled law that the grant of a Probate or Letters of Administration does not confer title to property. They merely enable administration of the estate of the deceased. Thus, it is always open to a person to dispu....
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.... in the event of sale or foreclosure of the mortgaged or charged property, the lessor shall be entitled to claim and recover the 50% of unearned increase in the value of the plot. It is further provided in Clause 8 that in the event title of lessee in the plot is transferred in any manner whatsoever the transferor and the transferee shall within three months of the transfer give notice of such transfer in writing to the lessor. The respondent herein has not complied with any of the conditions stipulated in the lease agreement and, therefore, it was within the competence of DDA to invoke the terms and conditions stipulated in the lease agreement by charging 50% of unearned increase in the value of the plot. The letters dated 19,6.1992 and 17.9.1992, impugned in the Writ Petition before the High Court, were in the terms of invoking of Clauses 4, 5 and 8 of the lease agreement and policy decision and guidelines of DDA as noticed above. The impugned judgment and order of the High-Court runs contrary to the terms and conditions stipulated in the lease agreement and the same is unsustainable. It is accordingly set aside. 12. Regarding the quantum of 50% unearned increase to be paid, c....