Harjinder Singh v. Gurmeet Singh & Ors.

1. Mr. Gurmeet Singh(respondent No.1 in the contempt petition and plaintiff in the suit) has filed the present application stating inter alia that he is ready to relinquish his 20% undivided share in the suit premises, in favour of the petitioner(defendant No.1 in the suit)

2. Mr.Sibal, counsel for the respondent No.1 states that on 9.9.2015, the respondent No.1 was present in court and on his instructions, his counsel had stated that he was willing to pay a sum of 2015:DHC:8489 `72,00,000/-(50% of `1,44,00,000/-) to the defendant No.1, to buy out his 30% undivided share (out of his 60% share) in the suit premises with a request that the interest on the said amount may be reduced. On the said date, the petitioner/defendant No.1’s counsel had stated that his client is agreeable to reducing the interest to 10% instead of 12%. Accordingly, respondent No.1 was directed to file an affidavit on the aforesaid lines well before the next date of hearing. Further, the parties were directed to affix their signatures on the order sheet in confirmation of the settlement recorded on 9.9.2015. Compliances were duly made as all the parties and their respective counsels have affixed their signatures on the order sheet.

3. Learned counsel for the respondent No.1 admits that his client cannot arrange the finances to buy out the 30% undivided share of the defendant No.1 in the suit premises and instead, offers to relinquish his 20% undivided share therein, in favour of the defendant No.1. Incidentally, the respondent No.1 is not in physical possession of any part of the suit premises.

4. In view of the aforesaid turn of events, the court has interacted with the respondent No.1 who is present and enquired from him as to whether he has taken such a decision of his own free will and volition. Respondent No.1 confirms the fact that he has taken this decision of his own free will and volition and without any undue influence or coercion from any quarters and shall stick by it.

5. In view of the averments made in the present application and the statement of the respondent no.1 as noted above, the application is allowed. As agreed, 20% undivided share of the applicant/respondent No.1 (plaintiff in the suit) in the suit premises shall devolve on the petitioner (defendant No.1 in the suit). On the basis of the said statement, the petitioner’s share in the suit premises shall increase to 80%. The respondent No.1 shall execute a Relinquishment Deed in respect of his undivided 20% share in the suit premises in favour of the petitioner/defendant No.1 within two weeks from today, with copy placed on record. The expenses incurred for the registration shall be borne by the petitioner/defendant No.1.

6. The application is allowed and disposed of.

7. The parties shall affix their signatures on the order sheet in acknowledgement of the orders passed hereinabove IA No.20533/2015(by Mr.Virender Pal Singh(R-2 in the contempt petition and D-2 in the suit)

1. The present application has been filed by the applicant stating inter alia that though he had given an undertaking on 9.9.2015, in the suit proceedings that he was willing to pay `72,00,000/- which is 50% of `1,44,00,000/-, to the petitioner/defendant No.1 for purchasing half of his share in the suit, i.e., 30% from out of 60% share therein along with interest @ 12% p.a. and had further undertaken that he would pay the first instalment on or before 8.10.2015, it is stated by Mr. Sibal, learned counsel for the respondent No.2 that he is not in a financial position to generate the funds to make payment to the petitioner/defendant No.1. Instead, it is submitted that the applicant is ready and willing to relinquish his 20% undivided share in the suit premises in favour of the defendant No.1. The applicant is in occupation of the first floor of the suit premises, whereas the ground floor and the second floor are in the possession and occupation of the petitioner/defendant No.1. The applicant agrees to hand over the vacant peaceful physical possession of the portion under his occupation to the petitioner/defendant No.1 by the end of October

2015.

2. Counsel for the petitioner/defendant No.1 states that he has no objection to the same.

3. In view of the aforesaid turn of events, the court has interacted with the respondent No.2 who is present and enquired from him as to whether he has taken this decision of his own free will and volition. Respondent No.2 confirms that he has taken this decision of his own free will and volition and without any undue influence or coercion from any quarters and he will stick by it.

4. In view of the averments made in the present application and the statement of the respondent no.2 as noted above, the application is allowed. As agreed, 20% undivided share of the applicant/respondent No.2 (defendant No.2 in the suit) shall devolve on the petitioner (defendant No.1 in the suit). On the basis of the said statement, the petitioner’s share in the suit property shall increase to 80%.

5. Respondent No.2 shall execute a Relinquishment Deed in respect of his undivided 20% share in the suit premises in favour of the petitioner/defendant No.1 within two weeks from today, with a copy placed on record. It is agreed between the parties that the expenses incurred towards registering the Relinquishment Deeds to be executed by both the applicants shall be borne by the petitioner/defendant No.1.

6. The application is disposed of. CCP(O)No.113/2013

1. Learned counsel for the petitioner states that in view of the orders passed in IAs No.2053[2] & 20533/2015 whereunder, the respondents No.1 & 2 have agreed to give up/relinquish their 20% undivided share each in the suit premises in favour of the petitioner, he does not wish to press the present petition any further. He however reserves the right of his client to approach the court in the event the respondents No.1 & 2 fail to execute the Relinquishment Deeds in respect of their respective shares in the suit premises, in favour of the petitioner.