- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the Letters Patent Appeal filed by the appellants. Challenge before the Division Bench was to the order passed by a learned Single Judge dismissing the Writ Petition filed by the appellants. Challenge in the Writ Petition was to the order dated 13.11.2001 passed by the respondent-New Delhi Municipal Council (in short 'NDMC'). By the said order, the appellants were held to be unauthorized occupants of the premises in dispute namely, that of Chanakya Cinema Complex situated in Diplomatic Enclave, New Delhi. Prayer was also to set aside the letter dated 22.1.2002 issued by the NDMC seeking the vacant and peaceful possession of the aforesaid complex. The resolution passed by the NDMC dated 28.8.2001 was also impugned to the extent it allowed the appellants to continue in possession from 1st October, 2000 to 30th September, 2003 only. Prayer was also made for renewal of the lease/licence of the appellants with the usual option for renewing the lease/licence on appropriate terms and conditions. It is to be noted that appellant No.1 (hereinafter referred to as the 'company') was the original lessee while appellant No.2 is the shareholder of appellant No.1-Company. The writ petition was filed by the company through one of its Directors Shri Rajesh Khanna.
(3.) Learned Single Judge noted that whatever may have been the situation in the past, the basic issue was whether the terms of lease permitted the tenancy beyond 30th September, 2003 as contended by the appellants. It was held that the appellants' case was that renewal due in 2000 was to be effective from 1st October, 2000 on mutually agreed terms. Since the terms have not been mutually arrived at, in essence parties have not agreed to renewal in 2000. Undisputedly, the appellants' case was a lease for fixed terms. The earlier two renewals were therefore of no consequence. The licence granted to appellant No.1 was from time to time and without premium. Specific periods were indicated in the terms of licence itself. The writ application was accordingly dismissed. The order was questioned before the Division Bench.;