Full Text
Translation output
$-9 & 13 HIGH COURT OF DELHI
CS(OS) 2506/2009
SATISH MEHRA Plaintiff Thi-ough Ms. Manmeet Arora, Adv.
CS(OS) 2506/2009
SATISH MEHRA Plaintiff Thi-ough Ms. Manmeet Arora, Adv.
VERSUS
KUSH MEHRA & ORS
Through And
Through And
CS(OS) 1156/2012
PRIYAKHULLAR
Through
PRIYAKHULLAR
Through
VERSUS
NEELAM MEHRA & ORS Defendant Mr. Praveen Kumar for D-1&2
Ms. Kadambari Puri for D-5 Plaintiff Ms. Kadambari Puri, Adv.
Defendant
Through Ms. Mamneet Arora, adv. Mr. Praveen Kumar for D-1&3
COIMM:
HON'BLE MR. JUSTICE VIPIN SANGHI
28.11.2013 The parties have arrived at a settlement. Under the settlement, the plaintiff has agreed to transfer the third floor along with terrace rights over the third floor exclusively in favour ofdefendant no.2 (in
CS(OS) No. 2506/2009), within two weeks. The said transfer shall by way of gift deed registered in favour of Smt. Neelam Mehra. The
2013:DHC:6722 '7^ defendants shall draftthe gift deedto be executed by the plaintiffand forward the same to the plaintiff, through counsel. The counsel shall mutually finalise the draft of the gift deed and the same shall be executed soon thereafter. The cost of the registration of the gift deed shall be borne by the defendants. The plaintiffshall, however, retain the ownership and exclusive possession of the ground floor. Mrs. Neelam Mehra and rest of the family members i.e. son, daughter-in- law and manied daughter shall remove themselves from the ground floor within three months from today. In the meantime, Mrs. Neelam Mehra and her son will be entitled to install a lift from the ground floor, leading to the third floor and above on their own. The plaintiff shall sign the requisite documents/applications that may be required for obtaining the permission from the concerned authorities. The responsibility for obtaining the requisite sanction/permission for raising construction for installation of the lift, and installing the lift, shall be that ofMrs. Neelam Mehra and her family. The plaintiffMr.
Satish Mehra will pay a fixed cost of Rs.6 lacs towards the cost of the lift and its installation to Mrs. Neelam Mehra, once the said constmction is complete. The expense over and above the said amount shall be borne by the defendants Mrs. Neelam Mehra and her family members. The area in which in the lift shall be installed has been demarcated in the ground floor plan, and marked as 'A' with red boundary. The plan is taken on record as Ex.'X'.
There are servant quarters on the terrace floor, one of which is for use by the ground floor occupant. The servant ofthe plaintiffMr.
Safish Mehra shall be entitled to access and use the one servant r quarter in the terrace floor. The overhead water tanks are also installed on the teiTace floor. The occupant of the ground floor shall have access to the teiTace floor for the purpose of maintenance and repair of the overhead water tanks. Similarly, Mrs. Neelam Mehra and her family shall have access to the motor pump installed onthe ground floor and the underground water tank only for the purpose of maintenance and repair thereof.
Mrs. Neelam Mehra and her son Mr. Kush Mehra/defendant no.l have undertaken that in consideration ofthe plaintiffMr. Satish
Mehra transferring the third floor along with the terrace floor in favour of defendant no2, they shall pay to the plaintiff monthly maintenance of Rs.35,000/- from the date of the transfer. For that purpose, it is agreed that the transfer shall be made directly into the banlc account of the plaintiff punctually by the of each calendar month in advance through RTGS. The defendants shall create a fixed deposit of Rs.20 lacs in their names which shall be kept as a security for due compliance of the defendants' obligation to pay
Rs.35,000/- every month to the plaintiff. In the event of the defendants disposing of the third floor and/or the terrace floor, the entire liability on account of income tax (capital gains) will thatbe of the defendants, and not. that of the plaintiff. In case the defendants chose to dispose of the third floor and/or the terrace floor at any point oftime during the life time of the plaintiff Mr. Satish Mehra, from the sale proceeds they shall first create a deposit which is sufficient to earn interest of Rs.35,000/- per month to fulfil the defendants' obligation, as aforesaid. The plaintiffMr. Satish Mehra
• states that he shall revoke his Will made by him in respect of his property in favour of his nephew Mr. Sachin Mehra forthwith. The same accordingly stands revoked. The parties have agreed that the settlement covers all the properties owned by the plaintiff, except property bearing No. 9, Shankar Market, New Delhi. Mr. Mehra plaintiff undertakes that he will withdraw the suits filed by him to claim mesne profit in the Saket District Courts on the nekt date fixed' therein.
In view of the above, both the suits stand disposed of in terms ofthesettlement. The parties shall remain bound bytheterms hereof
The parties have signed the order sheet in token of acceptance of the abovesaid settlement.
VIPIN SANGHI, J NOVEMBER 28,2013/mg ckush mehw:)
( ut-t'^'2-1
Ms. Kadambari Puri for D-5 Plaintiff Ms. Kadambari Puri, Adv.
Defendant
Through Ms. Mamneet Arora, adv. Mr. Praveen Kumar for D-1&3
COIMM:
HON'BLE MR. JUSTICE VIPIN SANGHI
28.11.2013 The parties have arrived at a settlement. Under the settlement, the plaintiff has agreed to transfer the third floor along with terrace rights over the third floor exclusively in favour ofdefendant no.2 (in
CS(OS) No. 2506/2009), within two weeks. The said transfer shall by way of gift deed registered in favour of Smt. Neelam Mehra. The
2013:DHC:6722 '7^ defendants shall draftthe gift deedto be executed by the plaintiffand forward the same to the plaintiff, through counsel. The counsel shall mutually finalise the draft of the gift deed and the same shall be executed soon thereafter. The cost of the registration of the gift deed shall be borne by the defendants. The plaintiffshall, however, retain the ownership and exclusive possession of the ground floor. Mrs. Neelam Mehra and rest of the family members i.e. son, daughter-in- law and manied daughter shall remove themselves from the ground floor within three months from today. In the meantime, Mrs. Neelam Mehra and her son will be entitled to install a lift from the ground floor, leading to the third floor and above on their own. The plaintiff shall sign the requisite documents/applications that may be required for obtaining the permission from the concerned authorities. The responsibility for obtaining the requisite sanction/permission for raising construction for installation of the lift, and installing the lift, shall be that ofMrs. Neelam Mehra and her family. The plaintiffMr.
Satish Mehra will pay a fixed cost of Rs.6 lacs towards the cost of the lift and its installation to Mrs. Neelam Mehra, once the said constmction is complete. The expense over and above the said amount shall be borne by the defendants Mrs. Neelam Mehra and her family members. The area in which in the lift shall be installed has been demarcated in the ground floor plan, and marked as 'A' with red boundary. The plan is taken on record as Ex.'X'.
There are servant quarters on the terrace floor, one of which is for use by the ground floor occupant. The servant ofthe plaintiffMr.
Safish Mehra shall be entitled to access and use the one servant r quarter in the terrace floor. The overhead water tanks are also installed on the teiTace floor. The occupant of the ground floor shall have access to the teiTace floor for the purpose of maintenance and repair of the overhead water tanks. Similarly, Mrs. Neelam Mehra and her family shall have access to the motor pump installed onthe ground floor and the underground water tank only for the purpose of maintenance and repair thereof.
Mrs. Neelam Mehra and her son Mr. Kush Mehra/defendant no.l have undertaken that in consideration ofthe plaintiffMr. Satish
Mehra transferring the third floor along with the terrace floor in favour of defendant no2, they shall pay to the plaintiff monthly maintenance of Rs.35,000/- from the date of the transfer. For that purpose, it is agreed that the transfer shall be made directly into the banlc account of the plaintiff punctually by the of each calendar month in advance through RTGS. The defendants shall create a fixed deposit of Rs.20 lacs in their names which shall be kept as a security for due compliance of the defendants' obligation to pay
Rs.35,000/- every month to the plaintiff. In the event of the defendants disposing of the third floor and/or the terrace floor, the entire liability on account of income tax (capital gains) will thatbe of the defendants, and not. that of the plaintiff. In case the defendants chose to dispose of the third floor and/or the terrace floor at any point oftime during the life time of the plaintiff Mr. Satish Mehra, from the sale proceeds they shall first create a deposit which is sufficient to earn interest of Rs.35,000/- per month to fulfil the defendants' obligation, as aforesaid. The plaintiffMr. Satish Mehra
• states that he shall revoke his Will made by him in respect of his property in favour of his nephew Mr. Sachin Mehra forthwith. The same accordingly stands revoked. The parties have agreed that the settlement covers all the properties owned by the plaintiff, except property bearing No. 9, Shankar Market, New Delhi. Mr. Mehra plaintiff undertakes that he will withdraw the suits filed by him to claim mesne profit in the Saket District Courts on the nekt date fixed' therein.
In view of the above, both the suits stand disposed of in terms ofthesettlement. The parties shall remain bound bytheterms hereof
The parties have signed the order sheet in token of acceptance of the abovesaid settlement.
VIPIN SANGHI, J NOVEMBER 28,2013/mg ckush mehw:)
( ut-t'^'2-1
JUDGMENT