lease, the lessor was entitled
to recover a portion of the unearned increase in the value i.e. "the
difference between the premium paid ... other expenses also agreed to bear 50% of the amount towards
unearned increase. The Income Tax Department also granted a No
Objection Certificate
letter
dated 12.8.1985 asked the respondent to pay 50% of unearned increase as
per terms and conditions stipulated in the perpetual lease deed ... whereupon the respondent
seems to have agreed to pay 50% of unearned increase to DDA. DDA,
thereafter, by its letter dated 19.6.1992 asked the respondent
obtain
that permission from the L&DO on paying the unearned increase. There
were certain other obligations as well. That the vendors actually
intended ... payment of an amount of Rs.7,17,330/-. The unearned
increase came to be such a large amount only because of the delay
caused
hold rights the Lesser was entitled to recover up to 50% unearned increase in the value of the land. Prior permission had to be taken ... time conversion charges applicable for a regular lessee (No unearned increase would be recoverable).
7. Needless to state, where the original lessee had parted with
plaintiff by the learned
senior counsel that the aspect of unearned increase amount payable to
superior lessor for granting provision to sell the suit property ... required by
law, because it is argued that the amount of unearned increase is only an
ascertainable amount on payment of which the Delhi Development
avoid payment of huge part of price to the
authority as unearned increase leading to evolving a hybrid system of
execution of General and Special ... transfer shall be allowed on payment of 1/3rd of the unearned increase in
value. The relevant Rule 17(10) reads as under:
17. General
wealth" in
s. 2(m)--Whether 50% of unearned increase "payable" to the
lessor as per the agreement deductible ... writing of the lessor and 50 per
cent of the unearned increase in the value of the land at
the time of assignment shall
payment to the L&DO of 50% of the unearned
increase on leased land;
III. that the lease deed dated 8th October ... that the Learned Single
Judge has wrongly confused the unearned increase with the premium.
11. Mr. Harish Malhotra, Sr. Advocate for the respondents
petition, partly
pertained to misuse and unauthorized construction, and
largely towards unearned increase. The facts were that vide
perpetual lease-deed dated December ... favour of M/s Aditya Estates. The demand pertaining to
unearned increase pertained to the last transfer of interest. It
has been held that since
blood relation, mutation could be allowed
only after charging a 50% unearned increase. Contention of the
defendant was that in spite of repeated request ... follows:
"1. Whether plaintiff is liable to pay 50% unearned increase to DDA? OPD
2. Whether the suit of the plaintiff
