DELHI DEVELOPMENT AUTHORITY vs DURGA CHAND KAUSHISH

The Supreme Court interpreted a lease deed between the Secretary of State for India and the respondent, emphasizing that the enhancement clause for rent could only be activated upon the granting of a fresh lease after the initial ninety-year term. The Court held that the initial term of the lease could not coexist with any renewal within that period, as a renewal constitutes a new lease. Therefore, the enhancement of rent was conditional upon the expiration of the original lease, affirming the High Court's decree that rent could not be enhanced during the subsistence of the lease.