MOHD. SHAMIM ( 1 ) THIS is a suit for perpetual injunction and for declaration. ( 2 ) BRIEF facts which gave rise to the present suit are as under: that the defendants No. 2. and 3 were allotted by way of perpetual sub lease leasehold rights in respect of Plot No. D-1/29, Vasant Vihar, New Delhi at site B of the Government Servants Co-operative House Building Society Limited measuring 767 sq. yds. under a perpetual sub lease dated 23rd November, 1971. An agreement was entered into between the plaintiff and defendants No. 2 and 3 by virtue of which the plaintiff was given a right to raise construction on the plot in question. In terms of the said agreement the plaintiff started raising construction and completed the construction in terms of the said agreement. In terms of the said agreement defendants no. 2 and 3 were called upon to make payment of construction and other charges. Defendants No. 2 and 3 were not in a position to pay back the construction and other charges alluded to in the agreement dated 23rd November, 1972. Accordingly, they approached the plaintiff for extension of time for the payment of the amount. In order to facilitate the payment of the said amounts by the defendants No. 2 and 91 3 yet another agreement was entered into in between the parties, i. e. , the defendants No. 2 and 3 and the plaintiff dated 20th June, 1977. The defendants agreed through the said agreement to clear the said amount, i. e. , a sum of Rs. 5,37,500. 00 along with interest at the rate of 18% per annum. In accordance with the terms and conditions of the said agreement adverted to above vide clause a plaintiff had a right to get a conveyance deed executed in her favour. The agreement dated 20th June, 1977 is a supplement to the above said agreement. In order to avoid controversy the plaintiff and the defendants No. 2 and 3 agreed to get their disputes decided by an Arbitrator. Shri Hari Kishan Dewan was appointed a Sole Arbitrator in terms of the said agreement. Shri Hari Kishan Dewan made and published his Award on 30th December, 1981. The plaintiff was declared as the absolute owner of the property in dispute through the said Award. Shri Hari Kishan Dewan was appointed a Sole Arbitrator in terms of the said agreement. Shri Hari Kishan Dewan made and published his Award on 30th December, 1981. The plaintiff was declared as the absolute owner of the property in dispute through the said Award. The said Award was thereafter filed before the High Court and was made a rule of the Court. To the dismay -and horror of the plaintiff she received a copy of the letter from the defendant No. l addressed to defendants No. 2 and 3 where through she was asked to show cause as to why the lease in her favour be not cancelled. The plaintiff is ready and prepared to pay 50% of the unearned increase in terms of the Award. The contemplated action of the defendant No. 1 to cancel the lease deed in respect of the property in dispute is illegal, invalid and arbitrary and malafide. Hence, arose the necessity for the institution of the present suit. ( 3 ) THE defendants said not put in any contest and the suit proceeded ex-parte against the defendants. ( 4 ) THE plaintiff Smt. Usha Lata Sood has filed an affidavit sworn by the plaintiff herself. She has reiterated all the above averments through her statement in the said affidavit. ( 5 ) BESIDES the above, plaintiff has also placed on record quite a good number of documents in support of her case. Agreement dated 23rd December, 1972 in between the plaintiff and the defendants No. 2 and 3 in Ex. P-1/a. Agreement dated 20th June, 1977 is Ex. P-2/a. Supplementary agreement whereby the defendants No. 2 and 3 and the plaintiff agreed to refer the matter to the Arbitrator is Ex. P-3/a. Decree and the Award is Exp-4/a. The letter dated 16th August, 1982 written to the defendant No. 1 by the plaintiff for mutation of her name after taking 50% unearned increase is Ex. P-4. Ex. D. I is the lease deed. Show cause notice addressed to the defendants No. 2 and 3 with a copy to the plaintiff is Ex. P-2. Copy of the final notices are Ex. P-1 and P. 3. The receipt with regard to the payment of Rs. 38,350. 00 by the plaintiff to the defendant No. 4 is Ex. P-6. A copy of the letter dated 29th December, 1983. Ex. P-2. Copy of the final notices are Ex. P-1 and P. 3. The receipt with regard to the payment of Rs. 38,350. 00 by the plaintiff to the defendant No. 4 is Ex. P-6. A copy of the letter dated 29th December, 1983. Ex. P-5 copy of the letters sent by the Municipal Corporation of Delhi to the plaintiff is Ex. P-7. Ex. P-8 is the receipt with regard to the payment of a sum of Rs. 41,356,70 P. towards the Transfer duty. Ex-P- 9 and Ex. P-10 are the house tax receipts. Ex. P-11 is the copy of the newspaper cutting. ( 6 ) THERE is absolutely nothing to rebut the above testimony as the defendants have not put in any contest. Hence, the plaintiff are entitled to succeed. ( 7 ) THE suit for declaration and perpetual injunction is hereby decreed with costs ex-parte against the defendants. The show cause Notice dated 2nd of May, 1983 and 25th of May, 1983 are hereby declared illegal and Invalid and without jurisdiction. The defendant No. 1 are hereby restrained from cancelling the sub lease of the property bearing No. D-1 /29, Vasant Vihar, New Delhi and from taking posseossion thereof. The defendant No. 1 are hereby directed to transfer the land measuring 767 sq. yds, i. e. , Plot No. D-1 /29, Vasant Vlhar, New Delhi in favour of the plaintiff after accepting 50% of the unearned increase from her as per the rates prevailing on the date when the Award was made the rule of the Court, i. e. , 5thapril, 1982 and to make the necessary changes in their record in the name of the plaintiff. The defendant No. 4 are hereby directed to enrol the plaintiff as one of their members. ( 8 ) THE suit stands disposed of.