SHRIRAJATKHANNA v. STATE & ANR.

1. CS(OS) 389/2017 was filed seeking a decree of declaration, cancellation and injunction by Anup Khanna whereas CS(OS)593/2018 was filed by Roger Khanna seeking a decree of partition besides TEST.CAS. CS(OS)389/2017,CS(OS)593/2018& TEST.CAS.57/2018 Page1of[7] 2020:DHC:3902 57/2018seeking probate ofthe Willofthe motherofthe partiesi.e.late Smt. Krishna Kumari Khanna. 2 • The two parties being thus siblings have now settled the disputes before the Delhi High Court Mediation and Conciliation Centre. Copy of the settlement agreement dated 20^^ January, 2020 has been placed on record.

3. The parties have settled the suits and testamentary case on the following terms and conditions:

2. The FIRST PARTY would be the SOLE, EXCLUSIVE and ABSOLUTE OWNER of the entire GROUND FLOOR and the PARTBASEMENTofPROPERTY No.E-1,LAJPAT NAGAR-III, NEW DELHI-110024 and who shall have an absolute right to deal with the same as ownerin perpetuity. Site plan map ofground floor and part basement fallen to the share offirstpartyshown in BLUE Colourenclosed herewith as Exhibit - C. CS(OS)389/2017,CS(OS)593/2018&.TEST.CAS.57/2018 Page2of[7] XX

3. That the SECOND PARTY would be the SOLE, EXCLUSIVE and ABSOLUTE OWNER of the entire FIRST FLOOR of the said Property No. E-1, Lajpat Nagar- III, New Delhi-110024 shall have an absolute right to deal with the same as an owner in perpetuity. Site plan of the first floor fallen to the share of second party shown in GREEN Colourenclosed herewith as Exhibit- C. That the first floor ofthe said Property No. E-1, Lajpat Nagar- III, New Delhi is presently in unauthorized and illegal occupation of Defaultee Licensee namely Smt. Drishti Naresh Chandani, (Director Disposafe Health Care Pvt. Ltd.) hereinafter referred to as Defaultee Licensee. That herleave & license period has already expired and terminated on 31stJuly,

2019. That as mutually decided the FIRSTPARTY has already filed a suit for Ejectment & Possession against the said Defaultee LICENSEE.

FIRST PARTY undertakes to bear the initial expenses in the litigation against the said Licensee. The Second Party undertakes to support the First Party in the Ejectment Litigation in all respects(affidavit in support of the same is exhibited as Exhibit - D) in Evicting the Defaultee Licensee and the second party mayjoin as a party or instruct his counsel to represent him in the said litigation as and when required and also undertakes not to lease, sell, mortgage or create any interest in favour of the said defaultee licensee namely Smt. Drishti Naresh Chandani or her family or legal representative or her company in any manner whatsoever.Thereafter the second party may lease the premises to any other party he deems fit. That the first party reserves the right to receive only the six months arrears ofrent w.e.f August 2019 to January 2020 i.e. upto the date of the settlement decree which would be passed by the Hon ble Court in respect of the Ejectment Case filed against the Defaultee Licensee and thereafter the second party will be entitled to all the arrears of rent w.e.f. February 2020 upto the date of eviction.

4. That both the parties shall have 50% Roof Terrace Rights situated above 2"^ floor in the said Property No. Lajpat Nagar - III, New Delhi. The portions of the roof have been demarcated which are reflected in the site plan attached with the present Settlement Agreement. That the BLUE PORTION CS(OS)389/2017,CS(OS)593/2018& TEST.CAS.57/2018 Page3of[7] shown in the site plan shall belong to FIRST PARTY and the green portion shall belong to SECOND PARTY. Second party undertakes that 50% share on terrace will not be clubbed with the share offirst floor to tenants or any third party for use and meantonly for exclusive use offamilies ofboth the parties and no other. Terrace shall remain locked and one key kept with both the parties.That either party reserves the right to construct their respective portions as they deem fit (with due diligence and only if permissible by law and providing reasonable advance written intimation) without any interference from either party after taking necessary permissions from all regulatory authorities and in compliance of all local and applicable laws, jurisdictions & ordinances making separate entry doors, separate water, electricity and Indraprastha Gas Ltd. (piped cooking gas) connections to their respective portions in the terrace.

5 That the FIRST PARTY shall pay a sum of Rs.15,00,000 (Fifteen lakhs) to the SECOND PARTY as FULL AND FINAL SETTLEMENT of all the dues of the rent up to date of settlement decree as well as towards the consideration for reaching the present settlement in relation to all the other assets which are the subject matter of the present Settlement Agreement payable in three installments' with post dated cheques payable at the time of acceptance of the settlement and decree order passed by the Hon'ble Court: Rs 100,000 (one lakh) of the settlement amount within 15(fifteen) days from the date ofacceptance ofthe settlement decree vide post dated cheque no. 066847 dated 15.02.2020 drawn on Union Bank, Lajpat Nagar, New Delhi; 50% [Rs.700,000/- (seven lakhs) vide post dated cheque no.066848 dated 15.05.2020 drawn on Union Bank, Lajpat Nagar, New Delhi]ofthe balance amount within next90 days and the balance 50%,[Rs.700,000/- (seven lakhs) vide post dated cheque no. 066849 dated 15.08.2020 drawn on Union Bank, Lajpat Nagar, New Delhi] amount shall be paid within the next 90 days. The counsel for the second party will issue receipts in favour of the aforementioned cheques subject to its encashment. If the payment is made prior to 90 days, the said cheque shall be returned to the first party at the time ofreceiving the payment. The funds will be paid to the second party by depositing the CS(OS)389/2017,CS(OS)593/2018& TEST.CAS.57/2018 Page4of[7] same in his Union bank ofIndia (UBI), NRO Account within the agreed timeframe or byany other mode. That ifthe cheques are dishonoured the second party reserves the right to recover the said amount through execution as well as will have a right to take criminal proceedings under section 138 of Negotiable Instruments Act. The party which fails to comply with any ofthe terms ofthis SettlementAgreementshall be liable for contempt and the aggrieved party reserves the rightto file a contemptagainstthe defaulting otherparty.

6. Both parties will pay the Property Taxes in respect of their respective portions and get MUTATION of their respective Shares done in their name along with the change in the name of all Utility Services respectively. The first party has attached the last property tax receiptshowing paymentof Tax as Exhibit- E to this settlement agreement.,

7. It is mutually agreed that the LOCKER No. 1803-B at Delhi Safe Deposit, 86 Janpath, presently in the name of mother and both the parties shallstand in the name ofFIRSTPARTY alone who shall pay its annual rent thereafter as he has been doing since demise of the mother in 2011. And in this regard, NOG would be.provided by the second partyifrequired.

8. No other Demand and litigation in respect of the aforementioned three suits mentioned here in above whatsoever, shall be raised by either Party including their legal heir, successors-in-interest. Assignees, Nominees, Administrators etc. after signing of this Settlement Agreement. This Settlement Agreement shall be Final, binding in all respects and Irrevocable by both the parties. All the three cases bearing no. OS/OS 389/2017, CS(OS) 593/18 and Test Case No.57/18 shall stand settled and shall be disposed offin terms of the present Settlement Agreement on signing of this SettlementAgreementand parties will obtain decree in terms of the present SettlementAgreement.

9. That the parties have decided to divide/partition the entire estate oftheir motherlate Smt. Krishna kumariKhanna in terms ofthis Settlement Agreement. CS(OS)389/2017,CS(OS)593/2018& TEST.CAS.57/2018 Page5of[7]

10. It is agreed between both the parties that they will not create any third party interest, sell, gift their respective shares without the written consent of the other party and in case if any party has to do so the same shall be offered to the other party first at the prevailing marketrate atthatpointoftime and only afterthe written refusal shall proceed further with any third party. Thereby preserving the "firstrightofrefusal"equallyin favourof both the parties.

11. In order to maintain the common areas and facade of the Property full co-operation will be extended by both the partiesfor its repairs, upkeep and share the costs thus incurred after obtaining written CONSENT from each other. Second party reserves the right to have an independent/ neutral third V party to audit all such aforementioned repairs and subsequent costs and expenses that may be incurred for their legitimacy, validity and authenticity at his own costs through his reliable sources. Second Party may deal with the repairing Vendor directly in respect of his share portions and payment liabilities without causing any undue hindrances or delays. Second Party undertakes to inform the First Party of any change of address or contact details in the future and vice-a-versa.