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(vi) Paragraph 19 and 21 of the judgment referred above are usefully extracted here under:

"19. The conditions which have been set out in the lease agreement and which is relevant for our purpose is condition 4. Condition 4 has already been reproduced above which provides that lessee / purchaser shall not subdivide the property or construct more than one dwelling house. Condition 12 says that if the lessee / purchaser has performed all the conditions mentioned herein and committed no breach thereof the lessor / vendor shall, at the end of ten years referred to in clause 1, sell the property to the lessee / purchaser and all attendant expenses in connection with such sale such as stamp duty, registration charges, etc., shall be borne by the lessee / purchaser. Condition 13 says that on complying with the terms and conditions of this agreement in the manner stated above but not otherwise the lessor / vendor shall be obliged to execute the sale deed in favour of the lessee / purchaser. Therefore, looking to the scheme of the Act, the Rules and the terms and conditions of the lease-cum-sale agreement, it transpires that once an allotment is made to the lessee and he makes all payments then after the payment the lessor / vendor shall at the end of ten years sell the property to the lessee / purchaser and the lessee / purchaser will get the sale deed registered. Therefore, if all the conditions of the lease agreement are fulfilled, at the end of the stipulated period of ten years, then outright agreement of sale shall be executed by the lessor / vendor with the lessee / purchaser and the lessee will have absolute right. The lease agreement also says that during the currency of the lease, the lessee / purchaser shall abide by the terms and conditions of the lease. As per condition 17(7) reproduced above, the lessee / purchaser shall not alienate the property during the period of tenancy. Once all the payments have been fulfilled by the lessee, then the land is registered in favour of the lessee by the lessor and the lessee becomes absolute owner of the land. So long as the building is not constructed under condition 4 of the agreement, the lessee is neither entitled to alienate the property under condition 17(7), nor shall he subdivide the property or construct more than one dwelling house on it. These restrictions are there so long as the complete sale agreement is not executed under condition 12 of the lease-cum-sale agreement. As soon as the lease agreement is executed confirming full title to the lessee, then the conditions of the lease-cum-sale agreement come to an end and the lessee acquires full right to deal with the said property in accordance with the Act and the Rules bearing on the subject. After acquiring this full right the lessee has right to alienate the property or whenever either the lessee or his successor wants to construct a building thereon he can do so in accordance with the provisions of law. Condition 4 of the lease agreement was only to survive so long as the lessee continued to be a lessee as his rights of lessee are restricted i.e. he cannot alienate the property nor can he subdivide the property and he has to construct one dwelling house. The moment the lease-cum-sale agreement is executed after following the conditions of the lease as laid down, then there is no further hurdle or condition like not to construct multi-storeyed building or multi-dwelling house. The only condition that he will construct only one dwelling house is contained in condition 4 of the lease-cum-sale agreement and so long as the full rights are not transferred to the lessee-purchaser, this condition would survive and, after the sale is made, this condition will no longer survive and conditions contained in absolute sale deed will govern. If the lessee or his successor wants to raise a construction, then the provisions of the Karnataka Municipal Corporation Act will come into play and he has to obtain prior sanction for construction of the building. As soon as the permission is granted by the Corporation, then he is to abide by those conditions along with the condition laid down in the absolute sale deed.