DELHI DEVELOPMENT AUTHORITY Vs. DURGA CHAND KAUSHISH
LAWS(SC)-1973-8-43
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on August 28,1973

DELHI DEVELOPMENT AUTHORITY Appellant
VERSUS
DURGA CHAND KAUSHISH Respondents





Cited Judgements :-

BHAWARLAL PARASMAL JOSHI VS. SOLAPUR MUNICIPAL CORPORATION [LAWS(BOM)-2023-11-105] [REFERRED TO]
GUN MALLA RAJGARAHIA VS. CANARA BANK [LAWS(DLH)-1998-10-57] [REFERRED]
JOR BAGH ASSOCIATION REGD VS. UNION OF INDIA [LAWS(DLH)-2004-7-53] [REFERRED TO]
GSR VENTURES PRIVATE LTD. VS. UNION OF INDIA [LAWS(GAU)-2022-11-76] [REFERRED TO]
HOOGHLY RIVER BRIDGE COMMISSIONER & ORS. VS. M/S. MEP INFRASTRUCTURE DEVELOPMENT PVT. LTD. AND ORS. [LAWS(CAL)-2013-4-136] [REFERRED TO]
P MADHUSUDHAN RAO VS. LT COL RAVI MANAN [LAWS(APH)-2015-3-18] [REFERRED TO]
INDO EUROPA TRADING CO PVT LTD VS. ANIL PODDAR [LAWS(CAL)-2006-8-21] [REFERRED TO]
UNION OF INDIA VS. THALY CONSTRUCTIONS [LAWS(BOM)-1990-7-30] [REFERRED TO]
LAXMAN S O KRISHNA GULUNJKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1991-4-9] [REFERRED TO]
P.K.NIGAM VS. M.P.GRIH NIRMAN MANDAL [LAWS(CHH)-2019-9-70] [REFERRED TO]
M.K. FUEL CENTRE VS. INDIAN OIL CORPORATION LIMITED [LAWS(ALL)-2024-1-64] [REFERRED TO]
M/S ANSAL PROPERTIES VS. STATE CONSUMER DISPUTE REDRESSAL [LAWS(ALL)-2017-12-36] [REFERRED TO]
TANDAV FILMS ENTERTAINMENT P LTD VS. FOUR FRAMES PICTURES [LAWS(DLH)-2009-10-171] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. SOM DATT BUILDERS- NCC-NEC(JV) [LAWS(DLH)-2009-11-432] [REFERRED]
RAJENDRAKUMAR AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-1-110] [REFERRED TO]
LAKSHMI SUBRAHMANYAM VS. INDIAN OIL CORPORATION LTD [LAWS(MAD)-2010-2-309] [REFERRED TO]
ADMINISTRATOR OF SPECIFIED UNDERTAKING OF THE U T I VS. GARWARE POLYESTER LTD [LAWS(SC)-2005-5-26] [REFERRED TO]
GOA FOUNDATION VS. M/S SESA STERLITE LTD. [LAWS(SC)-2018-2-102] [REFERRED TO]
STATE OF BIHAR (NOW STATE OF JHARKHAND) THROUGH SUB DIVISIONAL OFFICER VS. TATA IRON [LAWS(SC)-2019-5-55] [REFERRED TO]
V S LAD AND SONS VS. STATE OF KARNATAKA [LAWS(KAR)-2009-4-21] [REFERRED TO]
TARAPADA RAY CHAPALIKA DASH VS. STATE OF ORISSA [LAWS(ORI)-2006-8-12] [REFERRED TO]
STANDARD CHARTERED BANK VS. RAGHUBIR SARAN CHARITABLE TRUST [LAWS(DLH)-2014-3-352] [REFERRED TO]
CONNAUGHT PLAZA RESTAURANTS PVT LTD VS. NIAMAT KAUR [LAWS(DLH)-2013-7-40] [REFERRED TO]
THE INDIAN HOTELS COMPANY LTD. VS. NEW DELHI MUNICIPAL COUNCIL [LAWS(DLH)-2016-10-23] [REFERRED TO]
BAIDYANATH DUTTA VS. RADHESHYAM DUTTA [LAWS(CAL)-1978-4-79] [REFERRED TO]
ANWAR ALI KHAN AND OTHERS VS. HAZI SAJJAD ALI MONDAL KHAN AND OTHERS [LAWS(CAL)-1999-8-74] [REFERRED TO]
STATE OF WEST BENGAL VS. ELECTRO INFOTECH PVT LTD [LAWS(CAL)-2011-5-37] [REFERRED TO]
PRAFULLA KUMAR KHAN VS. JOGENDRA NATH MAHATO [LAWS(CAL)-1984-11-17] [REFERRED TO]
MODERN FOOD INDUSTRIES INDIA LIMITED VS. I K MALIK [LAWS(DLH)-2002-5-177] [REFERRED]
PASAGADUGULA NARAYANA RAO VS. PASAGADUGULA RAMA MURTY AND ORS. [LAWS(APH)-2015-8-24] [REFERRED TO]
K R BUILDERS PRIVATE LIMITED VS. DELHI DEVELOPMENT AUTHORITY AND ANOTHER [LAWS(DLH)-2007-9-438] [REFERRED]
CAPT. PRAVEEN DAVAR (RETD.) AND ANR. VS. HARVANSH KUMARI AND ORS. [LAWS(DLH)-2010-8-372] [REFERRED TO]
Kumaraswamy Mineral Exports rep. by Shantesh Gureddi Partner VS. State of Karnataka rep. by its Principal Secretary Department of Forest and Ecology and Environment and others [LAWS(KAR)-2009-4-74] [REFERRED TO]
GAJARAJAN VS. S.GANDHIMATHI SELVAM [LAWS(MAD)-2020-2-383] [REFERRED TO]
DLF LIMITED VS. EMIRATES [LAWS(DLH)-2010-5-12] [REFERRED TO]
BANK OF BARODA VS. VIJAY MAHIPAL AND CO [LAWS(DLH)-2010-5-100] [REFERRED TO]
CANARA BANK VS. RAMESH CHANDRA SINGHAL [LAWS(ALL)-2012-12-187] [REFERRED TO]
RAVINDER NATH SAHNI VS. PODDAR CONSTRUCTION CO PRIVATE LTD [LAWS(DLH)-2014-7-67] [REFERRED TO]
ASIT KUMAR PALIT VS. WPIL LIMITED AND OTHERS [LAWS(CAL)-2009-6-65] [REFERRED TO]
ANSUMAN MULLICK VS. MALLIKA INVESTMENT CO P LTD [LAWS(CAL)-2004-5-22] [REFERRED TO]
GOPAL SWARUP CHATURVEDI VS. STATE OF U.P. [LAWS(ALL)-2006-11-312] [REFERRED TO]
KUSUM GUPTA VS. PRESCRIBED AUTHORITY/ CIVIL JUDGE (SD), SHAHJAHANPUR [LAWS(ALL)-2022-11-114] [REFERRED TO]
TATA IRON AND STEEL CO.LTD. VS. STATE OF BIHAR, THE SUB DIVISIONAL OFFICER, DHALBHUM-CUM-THE CERTIFICATE OFFICER [LAWS(JHAR)-2007-9-36] [REFERRED TO]
IDBI FEDERAL LIFE INSURANCE CO. LTD. VS. LAKHHA K. PANJABI [LAWS(NCD)-2024-11-23] [REFERRED TO]
M. KANUKA KURUP VS. VANIYARAMBATH LAKSHMIKUTTY AMMA [LAWS(KER)-1984-9-18] [REFERRED TO]
HAMMAD AHMED VS. ABDUL MAJEED [LAWS(SC)-2019-4-24] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LTD. VS. T.S.KALYANARAMAN [LAWS(KER)-2013-11-143] [REFERRED TO]
MSPL Limited rep. by its Vice President (CC and L), Sri K.R.M. Reddy VS. The State of Karnataka rep. by its Secretary, Department of Forest, Ecology and Environment and others [LAWS(KAR)-2009-4-118] [REFERRED TO]
S. SIVAKUMAR AND OTHERS VS. BHARAT PETROLIUM CORPORATION LTD., AND ANOTHER [LAWS(MAD)-1997-8-169] [REFERRED TO]
FLOWMORE PRIVATE LIMITED VS. KESHAV KUMAR SWARUP [LAWS(DLH)-1988-4-10] [REFERRED TO]
SOHAN SINGH ANAND VS. STATE BANK OF PATIALA [LAWS(DLH)-2002-11-3] [REFERRED 2.]
BHARAT BUILDERS PRIVATE LIMITED VS. PARIJAT FLAT OWNERS CO OP HSG SOCIETY LIMITED [LAWS(BOM)-1997-9-9] [REFERRED TO]
RANJIT KUMAR DUTTA VS. TAPAN KUMAR SHAW [LAWS(CAL)-1997-3-8] [REFERRED TO]
ADVOCATE GENERAL KERALA VS. K RAMKUMAR [LAWS(KER)-1985-8-21] [REFERRED TO]
V S TALWAR VS. PREM CHANDRA SHARMA [LAWS(SC)-1984-3-19] [RELIED ON]
SHANKAR KUMAR BHAGAT VS. INDIAN OIL CORPORATION LIMITED [LAWS(PAT)-2019-7-78] [REFERRED TO]
MALHAN CONSTRUCTION VS. N.K. GUPTA [LAWS(RAJ)-2009-3-35] [REFERRED TO]
SHARDA NATHE VS. DELHI ADMINISTRATION [LAWS(DLH)-2008-3-109] [REFERRED TO]
NARAYANI AMMA VS. NARAYANAN NAMBOODIRI [LAWS(KER)-1984-10-26] [REFERRED TO]
SUMATHY AMMA VS. SANKARA PILLAI [LAWS(KER)-1986-3-36] [REFERRED TO]
R B JODHAMAL BISHEN LAL VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1983-5-3] [REFERRED TO]
V.SUKUMAR VS. INDIAN BANK / M/S.SRIVARI MUTUAL BENEFIT FINANCE LTD [LAWS(MAD)-2020-2-573] [REFERRED TO]
MAHAKALI SUJATHA VS. BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMITED [LAWS(SC)-2024-4-32] [REFERRED TO]
Ambika Ghorpade W/o Sri Karthikeya Ghorpade VS. State of Karnataka represented by its Principal Secretary, Department of Forest and Ecology and Environment and others [LAWS(KAR)-2009-4-110] [REFERRED TO]
FALAKATA INDUSTRIES LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-10-2] [REFERRED TO]
NIRMAL KUMAR SANYAL VS. THE STATE OF W.B. AND OTHER [LAWS(CAL)-1997-8-47] [REFERRED TO]
SOM DATT BUILDERS VS. NATIONAL HIGHWAYS AUTHHORITY OF INDIA [LAWS(DLH)-2017-3-278] [REFERRED TO]
JINDAL POWER LIMITED VS. ICRA LIMITED [LAWS(DLH)-2020-8-142] [REFERRED TO]
PRASAR BHARTI VS. STRACON INDIA LIMITED [LAWS(DLH)-2003-2-65] [REFERRED TO]
D R PURI VS. KAMLESH SAWHNEY [LAWS(DLH)-2001-1-115] [REFERRED 2.]
GUJARATI HARIJAN CO OPERATIVE HOUSING SOCIETY LIMITED VS. ADDITIONAL COLLECTOR BOMBAY [LAWS(BOM)-1991-2-7] [REFERRED TO]
T R NARAYANASWAMY VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-79] [REFERRED TO]
STEPHEN COURT LIMITED VS. OFFICIAL TRUSTEES OF WEST BENGAL [LAWS(CAL)-1999-12-1] [REFERRED TO]
FERRAZZINI'S BAKERY VS. AMITAVA MITTER [LAWS(CAL)-2013-3-36] [REFERRED TO]
HOOGHLY RIVER BRIDGE COMMISSIONER VS. MEP INFRASTRUCTURE DEVELOPMENT PVT LTD [LAWS(CAL)-2013-4-79] [REFERRED TO]
MEENAKSHISUNDARAM KUMARARAJA PROPRIETOR OF GALAXY ENTERPRISES VS. SUPERINTENDING ENGINEER [LAWS(MAD)-2024-3-82] [REFERRED TO]
SUBHA AND PRABHA BUILDERS PVT LTD REP BY ITS MANAGING DIRECTOR TD RAMAKRISHNA VS. INCOME TAX OFFICER [LAWS(KAR)-2009-4-27] [REFERRED TO]
M S P L LTD VS. STATE OF KARNATAKA [LAWS(KAR)-2009-4-39] [REFERRED TO]
Kanhaiyalal Dudheria Represented by its partner Sri Sanjay Bachhawat S/o Navratanmal Bachhawat VS. The State of Karnataka rep. by its Secretary, Department of Forest, Ecology and Environment and others [LAWS(KAR)-2009-4-71] [REFERRED TO]
H.R. Gaviappa and Co. (A Registered Partnership Firm) VS. State of Karnataka Represented by its Secretary Department of Forest and Ecology and Environment and others [LAWS(KAR)-2009-4-72] [REFERRED TO]
BOARD OF TRUSTEES OF KPT & 1 ANR VS. NEW KANDLA SALT & CHEMICAL PVT LTD & 1 ANR [LAWS(GJH)-2013-12-316] [REFERRED TO]
BOMBAY FORGING LIMITED VS. MESSERS MANILAL AND SON [LAWS(BOM)-2016-3-242] [REFERRED]
I T D C LTD VS. JAGDISH KAUR [LAWS(DLH)-2010-5-28] [REFERRED TO]
UMADEVI NAMBIAR VS. THAMARASSERI ROMAN CATHOLIC DIOCESE [LAWS(SC)-2022-4-3] [REFERRED TO]
MANMOHAN NANDA VS. UNITED INDIA ASSURANCE CO. LTD [LAWS(SC)-2021-12-15] [REFERRED TO]
MEHTA SURAYA VS. UNITED INVESTMENT CORPORATION [LAWS(CAL)-2002-2-15] [REFERRED TO]
SITA DEVI VS. CHANDRA SINGH [LAWS(CAL)-1996-8-33] [REFERRED TO]
GOSWAMI MALTI VAHUJI MAHARAJ VS. PURUSHOTTAM LAL PODDAR [LAWS(CAL)-1984-6-18] [REFERRED TO]
GAJANAN R. NEELPAWAR AND OTHERS VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-1994-12-75] [REFERRED TO]
BOMI MUNCHERSHAW MISTRY VS. KESHARWANI CO OPERATIVE HOUSING SOCIETY LIMITED [LAWS(BOM)-1992-12-23] [REFERRED TO]
SAHADAT HOSSAIN & ORS. VS. SABIHA BEGUM & ORS. [LAWS(CAL)-2016-3-127] [REFERRED TO]
STATE OF U P VS. THAKUR SRI RADHA RAMANJI MAHARAJ [LAWS(ALL)-2011-9-74] [REFERRED TO]
SANJAY KAUSHISH VS. D C KAUSHISH [LAWS(DLH)-1991-9-21] [REFERRED 23.]
ANSAL PROPERTIES & INFRASTRUCTURE LTD. THRU AUTHORIZED AND ANOTHER VS. STATE CONSUMER DISPUTE REDRESSAL COMMISSION THRU REGISTRAR & OTHERS [LAWS(ALL)-2017-12-356] [REFERRED TO]
VISWATOSH NARAYAN SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2021-9-25] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED VS. VUMMIDI KANNAN [LAWS(MAD)-1991-2-13] [REFERRED TO]
NIRAJ CEMENT STRUCTURALS LTD. VS. UNION OF INDIA [LAWS(MANIP)-2020-8-31] [REFERRED TO]
VELAYUDHAN VS. SANKARASUBBA IYER [LAWS(KER)-1974-2-21] [REFERRED TO]
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED VS. EDNA LEMUEL MABEN [LAWS(KAR)-2019-4-276] [REFERRED TO]
KALI PRASAD MISHRA VS. STATE OF ODISHA [LAWS(ORI)-2023-9-123] [REFERRED TO]
SMT. SYED SUGHRA ZAIDI VS. LAEEQ AHMAD (DEAD) THROUGH LRS. & ORS. [LAWS(SC)-2017-12-15] [REFERRED TO]
BALVIKASH SEWA SANSTHAN VS. STATE OF BIHAR [LAWS(PAT)-2018-5-115] [REFERRED TO]
M GOPALAKRISHNAN VS. CANARA BANK [LAWS(KAR)-2000-3-4] [REFERRED TO]
BENGAL STEEL INDUSTRIES LTD VS. BANK OF INDIA [LAWS(CAL)-2008-8-2] [REFERRED TO]
UDAY KAUSHISH VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2024-10-11] [REFERRED TO]
INDERJEET AND OTHERS VS. STATE OF H.P. AND OTHERS [LAWS(HPH)-1993-3-43] [REFERRED TO]
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED. (A.P.TRANSCO), VIDYUT SOUDHA, HYDERABAD VS. M/S. EQUIPMENT CONDUCTORS AND CABLES LIMITED [LAWS(APH)-2016-12-37] [REFERRED TO]
ON THE DEATH OF TILCKANSA PHUKAN HIS HEIRS AND LEGAL REPRESENTATIVES RAJANI KANTA PHUKAN AND ORS. VS. LALIT CHANDRA BORBAKUAH AND ORS. [LAWS(GAU)-1983-3-17] [REFERRED TO]
PANKHURI MISHRA VS. RINZING LACHUNGPA [LAWS(SIK)-2020-11-5] [REFERRED TO]
MAA SARALA AQUA INDUSTRIES VS. UNION OF INDIA [LAWS(ORI)-2024-1-32] [REFERRED TO]
Chowgle and Company by its GPA Holder, Mr. Sanjeev Kumar S/o Sri Hiralal Bhagat VS. State of Kernataka rep. by its Principal Secretary, Department of Forest and Ecology and Environment and others [LAWS(KAR)-2009-4-113] [REFERRED TO]
NIRANJAN REDDY VS. NUKALAPATHY SURURLATHA [LAWS(MAD)-2008-3-1] [REFERRED TO]
SUCHITRA DEVI VS. NAGINENI SUJATHAMMA [LAWS(MAD)-2022-10-212] [REFERRED TO]
KANAN BAKSHI VS. ATUL BALI [LAWS(DLH)-2008-5-385] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LTD. VS. INTEROCEAN SHIPPING (INDIA) PVT. LTD. [LAWS(BOM)-2015-3-421] [REFERRED TO]
STATE OF WEST BENGAL VS. CALCUTTA MINERAL SUPPLY CO. PVT. LTD. [LAWS(SC)-2015-5-16] [REFERRED TO]


JUDGEMENT

- (1.)This is a defendant's appeal, on a certification of the case, under Article 133 (1) (a) and (c) of the Constitution,granted by the Delhi High Court.
(2.)The plaintiff-respondent had sued for a declaration that the annual rent of Rs. 365/- payable on a piece of land situated in Basti Ara Kashan, Paharganj, New Delhi, leased to him from 1-4-31 for a period of 90 years on behalf of the Secretary of State for India could not be enhanced during the subsistence of the lease for the grant of which he had paid a premium of Rs. 18,054/-. The plot of land leased was entrusted for management on behalf of the Government of India to the Delhi Improvement Trust, and, thereafter, after the abolition of the Delhi Improvement Trust in 1957, to the Delhi Development Authority under Section 60 of the Delhi Development Act of 1957. The plaintiff also claimed refund of Rs. 5,935.25 ps. which had been retrospectively demanded and realised from him as arrears of enhanced rent from 1-1-52 to 30-6-63 after issuing a warrant of arrest dated 2-6-64 against him. Furthermore, the plaintiff prayed for an injunction to restrain the appellant, acting on behalf of the lessor, from realising an annual rent in excess of Rs. 365/- for the duration of the lease claimed to be for 90 years.
(3.)The defendant-appellant pleaded, inter alia, that the suit was barred by the provisions of S. 453 (b) (2) of the Delhi Development Act. Want of notice under Section 80 C.P.C., upon the Union of India, a co-defendant, was also pleaded. These questions were decided against the defendants by a learned Judge of the Delhi High Court, who tried the case and dismissed the suit on merits, as well as by the Division Bench which had allowed the plaintiff's appeal and decreed the suit on merits. Questions decided against the defendants at both stages in the Delhi High Court are not before us for decision. The only question argued before us was whether the interpretation of the lease deed (Ex. P2), dated 17-9-31, between the Secretary of State for India and the appellant, by the learned Judge who tried the case and held that rent could be enhanced within the period of 90 years, was correct or the interpretation adopted by the Division Bench, which allowed plaintiff's appeal after holding that the enhancement clause could only operate upon the grant of a fresh lease, after the expiry of the first period of 90 years under the lease, was correct.


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