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PETITIONER: FRUIT AND VEGETABLE MERCHANTS UNION
Vs.
RESPONDENT: DELHI IMPROVEMENT TRUST
DATE OF JUDGMENT: 06/11/1956
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. JAGANNADHADAS, B. IMAM, SYED JAFFER
CITATION: 1957 AIR 344 1957 SCR 1
ACT: Ejectment-Market constructed by Improvement Trust on Govern- ment land with Government money Whether market Government Premises-Whether lessee of market Protected from ejectment- Connotation of the word ’vest’-Delhi and Ajmer Rent Control Act, (XXXVIII Of 1952), s. 3(a)-U. P. Town Improvement Act, (U. P. Act VIII of 1919) as extended to Delhi, s. 54A(2).
HEADNOTE: Under an agreement the Government placed certain lands belonging to it at the disposal of the Improvement Trust for the construction of a market. The Trust constructed the market with funds advanced by the Government by way of loan at interest. Under the agreement the Trust had to pay a certain fixed sum by way of revenue on the property; the income from the market had to be applied to the payment of interest on the money advanced by Government, and to the payment of expenses for the management of the market and the surplus had to be placed at the disposal of, Government to be spent according to its directions. The lessee of the market from the Trust filed a suit for a declaration that it was protected from ejectment by the provi...