- (1.) These three appeals arise out of connected proceedings and, therefore, can be disposed of by a common judgment. Facts : civil Appeal No. 2592 of 2004
(2.) Kewal Kishan Gupta-appellant applied to the State Government of Jammu and Kashmir in the Revenue Department seeking sanction of transfer of leasehold rights over certain nazool land situated at B. C. Road Rehari, jammu, from the previous leaseholders, Dileep kumar and Dhani Ram. By an order made on 13.9.1990, the State Government in the Revenue Department sanctioned the transfer of leasehold rights from the previous leaseholders to the appellant "on the existing terms and conditions".
(3.) A lease deed was executed on 24.10. 1990 between the Governor of Jammu and Kashmir and Kewal Kishan Gupta. Clause 2 (1) of the lease deed stipulated as under: "2.The lessee hereby covenants with the lessor as follows:- 1. The land shall be used solely and exclusively as residential purposes, and the lessee shall within three years of the execution of the lease deed erect thereon buildings according to the plan and elevation approved by the Collector and attached hereto or as it may be subsequently altered or varied with the written consent of the Collector jammu on behalf of the lessor. ";