Decided on January 04,2007

DWARKA DASS Respondents


SANJAY KISHAN KAUL, J. - (1.) Late Shri Jagdish Lal Jaggi was the owner of property bearing No.12/1, Tilak Nagar, New Delhi having acquired perpetual leasehold rights in pursuant to Perpetual Lease Deed dated 22.9.1965 (Exhibit AW-1/2). The Perpetual Lease Deed inter alia provided as under: "(e) The ground rent will be payable in advance in half yearly instalments on the 15th January and 15th July each year. The ground rent shall be payable for the full half year for the period from the date of purchase of the grant of a lease of the site on the 15th January or 15th July next following as the case may be and shall be paid by the purchaser at once at the time of such purchase. 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: (i).... (ii).... (iii).... (iv).... (v).... (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 any 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 consisting 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;"
(2.) The Deed of Conveyance of the Building also executed on the same date contained a similar prohibition in Clause 5 as under: "(5) The purchaser shall not use the said property for any purpose other than the purpose of residence without the previous consent in writing of the vendor or an officer appointed by him in this behalf."
(3.) A reading of the aforesaid Clauses, thus, shows that the Perpetual Lease Deed required that the premises should be used only for the purposes of residence and without the prior consent of the perpetual lessor, no trade or business could be carried on therein. A similar prohibition exists in the Deed of Conveyance of the Building as extracted aforesaid.;

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