- (1.) Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Rizwan Ahmad, learned counsel for respondent nos. 1 and 2.
(2.) This is the third writ petition filed by the same petitioner, M/s. Tirupati Multiplex Private Limited, Meerut for a direction upon the respondent-Cantonment Board Authorities at Meerut to accord sanction to the assignment of the property in favour of the petitioner more appropriately described in the writ petition as "Survey No. 65, Bungalow No. 120/A, Barrach Street, Meerut Cantt." and to quash the order made by the Director General, Defence Estates Raksha Sampada Bhawan, Delhi Cantt., Delhi (respondent no.1) refusing to grant such sanction.
(3.) Facts on record of the present writ petition relevant for all purposes are as follows: A lease deed in respect of the aforesaid bungalow, which contains a brick building was executed on 4th January, 1929 by the Secretary of the State for India in Council in favour of one M.W. O'Brien. The lease deed amongst others in Clauses 6 and 8 contain a following stipulation: "(6) not to make any alterations in the place of elevation of the said brick building now standing on the site without such consent as aforesaid nor to sue the same or permit the same to be used for any purpose other than the that of a brick building without the consent of the Cantonment Authority/ Military Estate Officer, (8) Not to assign transfer or underlet the premises hereby demised or any part thereof without the consent in writing of the Cantonment authority and upon assignment transfer or sub-lease of the premises hereby demised or any part thereof or within one calender month there after to delivery a notice of such assignment, transfer or sub-lease to the Military Estate Officer setting forth the names and descriptions of the parties to every such assignment transfer or sub-lease and the particulars and effects thereof 11.11. provided always that if any part of the rent hereby reserved shall be in arrears or unpaid for one calender month next after any of the days whereon the same shall have become due whether the same shall have been demanded or not or if there shall have been in the opinion of Cantonment Authority any breach by the lease or by any person claiming through or under him of any of the convenants or conditions herein before contained then and in such case, the Secretary of State may not withstanding the waiver of any previous cause or rights of re-entry enter upon any party of the premises hereby demised or of the building thereon in the name of the whole and thereupon the said premises and buildings shall, remain to the use of and be vested in the secretary of State and this demise shall absolutely determine and the lessee shall not be entitled to any compensation whatever. ......";