Full Text
Date ofDecision: 6^^ January, 2017
MR. JASPREET SINGH ANAND AND ANR. Plaintiffs
Through: Ms. Gurmeet Bindra, Adv.
Through: Mr. Jagjit Singh, Adv.
MS. DAMAN PAL KAUR & OTHERS Plaintiffs
Through: Ms. Gurmeet Bindra, Adv.
- : • ;;• ' ' Through: Mr. Jagjit Singh, Adv. y CS(OS), 1677/2010 &IA Nos. 10918/2010, 13560-62/2013,5492-
93/2015, 20900/2015; 24061/2015, 12145/2016 : GURDEY SINGH & ORS Plaintiffs
Through: Mr. Jagjit Singh,Adv.
Through: Ms. Gurmeet Bindra, Adv.
2017:DHC:8352 R.K.GAUBA, J (ORAL);
JUDGMENT
1. The suit 08(08) 966/2008 (hereinafter referred to as "the first suif) was instituted in May, 2008 by Mr. Jaspreet 8ingh Anand and Mr. Gursimar 8ingh Anand, sons of late Mr. Kultaran 8ingh Anand, (hereinafter referred to as "the plaintiffs of the first suit") initially against four defendants. By way of amendment incorporated later, another defendant was added, thus, bringing in the array five defendants, they being Gurdev Singh Anand, Mr. Iqbal 8ingh Anand, Mr. Surjit Singh Anand, Ms. SaranPal Kaur Anand and Ms. Savinder Kaur Chandhiok, (hereinafter collectively referred to as ""the defendants of the first suit"). It may be mentioned here that first said three defendants are sons of Late Shri Harnam Singh Anand while the fourth and fifth defendants are daughters of late Shri Hamam Singh. It may also be added thatMr. Kultaran Singh Anand, whose successors- in -interest are the plaintiffs ofthe first suit, was pre-deceased son ofLate Smt. Harbans Kaur wife ofLate Shri Hamam Singh.
2. The plaintiffs ofthe first suit, C8(0S) 966/2008, sought a decree for partition of the estate left behind by late Smt. Harbans Kaur, it being properties described as under:-
(i) Plot No. 20, Block 7Area 1866.666 sq. Yds., situated in
Kirti Nagar Industrial Area, Najafgarh Road, Delhi; (ii) 59/7, New RohtakRoad, New Delhi; by metes and bounds ^ thereby demarcating the shares of the plaintiffs and defendants and handing over the possession of their sharein saidproperty to the plaintiffs.
3. In July, 2009, the above said plaintiffs of the first suit, CS (OS) 966/2008 came with another suit it being CS(OS) 1340/2009 (hereinafter CS (OS) 966/2008, ]340/2009. 1677/2010 ^ 2017:DHC:8352 r"' /I referred to as "the second suit") now joining their mother Ms. Daman Pal Kaur as co-plaintiff (the first plaintiff), it being a suit for recovery of Rs. 3,02,18,219/- along with pendente lite and future interest, directed against Mr. Iqbal Singh, son of Late Shri Hamam Singh Anand (second defendant in the first suit), the cause of action claimed in the said second suit pertaining to fixed deposit receipt which had been taken out by Mr. Kultaran Singh during his life time.
4. In August, 2010, the five defendants of the first suit (CS(OS)966/2008) jointly filed CS(OS) 1677/2010 (hereinafter referred to as "the third suit") impleading the plaintiffs of the first suit as the defendants, the prayer made therein being for partition and rendition of accounts in respect of the estate left behind by Smt. Harbans Kaur and late Mr. Kultaran Singh Anand, the properties included therein having been described as under:- (i) 59/7, New Rohtak Road, New Delhi. (ii) 7/20, Kirti Nagar, Industrial Area, New Delhi. (Hi)
PROPERTIES INIRAN a) Shop No. 8, Sharqi, Saadi, Janoobi Jadeed, Tehran. b) Shop No.566 (Old No. 137) Avenue Amir Kabir, Tehran. c) Property known as Damavand Villa, Bhaghal - E- Morgdari Farsian Kalepa, Damavand - Iran. d) Office premises no.319, 3''^ Floor, Passage Kashani Avenue, Amir Kabir, Tehran with Stocks in trade and ' shares of'company Sherkate Kultaran International Ltd. Said company has 50% share holding in the name of deceased Kultaran Singh. Remaining 50% share holding belonged to Parduman Singh • Chandhiok and Parvinder Singh Chandhiok who are son & grandson ofMrs. Tej Kaur. e) Telephone No. 88836265 and 33391347. (Very CS (OS) 966/2008, 1340/2009, 1677/2010 Page 3 of31 2017:DHC:8352 r-\ valuable assets according to Iran). j) Bank Accounts in Iran which were operated upon by Shri Kultaran Singh (deceased) in Tehran and outside Tehran which were initially operated upon by Great Grand Father and/or Great Grand mother.
(iv) Flat No.409, admeasuring 498 sq. ft. In Lusa Tower at
(v) Flat No.TF-01, admeasuring 1400 sq. ft. 1/6, 3' Floor,
(vi) Plot No.G-3/14, DLF Phase-I, Gurgaon (Haryana)
5. All the three suits as mentioned above were initially contested. During the course of pendency, upon the request of the parties, they were referred to Mediation Centre at Higii Court (Samadhan) for exploring the possibility of an amicable resolution of the dispute, under order dated 18.7.2016 of a learned division bench in FAO (OS) 186/2016. The mediation process has resulted in an amicable resolution of the dispute whereby theparties have entered into and executed afamily settlementdated 23" August, 2016 which was submitted by the mediator to the learned division bench in seisin ofFAO(OS) 186/2016. The learned counsel onboth sides submit that in view ofthe said settlement report, FAO (OS) 186/2016 has since been disposed of leaving the parties to approach this Court for appropriate orders in these cases in its wake. J 6. After the settlement report had been submitted by the mediator to the ^ learned division bench in FAO (OS) 186/2016, pursuant to the liberty granted earlier, the learned counsel representing the plaintiffs of the third suit has obtained the settlement report along with Family Settlement therewith in original from the file of FAO(OS) 186/2016 and brought the same on record ofCS(OS) 1677/2010. CS (OS) 966/2008, 1340/2009, 1677/2010 2017:DHC:8352
7. Against the above backdrop, joint applications have been moved by the parties to the first and third suit on the respective files, they being lA Nos. 12144/2016 in CS(OS) 966/2008 and lA No. 12145/2016 in CS (OS) 1677/2010. The parties by these applications, under Order 23 Rule 3 CPC, pray for compromise decrees to be passed governing both the said cases affirming inter alia that the compromise has been entered upon out oftheir own free will and volition. The applications are supported by the affidavits of all parties to these suits/Family Settlement/Mediation Report. The plaintiffs in the second suit, it being CS(OS) 1340/2009, have come up with another application under order 23 Rule 1 CPC (lA No. 12280/2016) praying for the said suit to be disposed ofas settled in the light ofthe above- ^ noted Family Settlement, it reflecting the claim in the said suit having been satisfied.
8. Pertinent to note here that in the Family Settlement dated 23 August, 2016, the defendants in the first suit, i.e. CS(OS) 966/2008, have been described as parties No. 1to 5respectively whereas the plaintiffs ofthe said first suit i.e. CS(OS) 966/2008 have been described as party No.6 (i) and (ii) respectively. Ms. Daman Pal Kaur Anand (first plaintiffofthe second suit i.e. CS(OS) 1340/2009) is also asignatoryto the saidFamily Settlement, she beingreferredto as the confirming party. The Family Settlement, interalia, '.mentions that the first and third suits had been consolidated in terms ofthe earlier orders ofthis Court and thereafter are beingtried together, they being referred to as "thepartition suits".
9. The settlement terms as set out in the Family Settlement dated 23' August, 2016 may be extracted as under:- "13. Bothpartition suits are defended to byparties 1to 6. Party CS(OS) 966/2008, 1340/2009. 1677/2010 ' 2017:DHC:8352 r"- I V No. 6set up case in its written statement filed in CS (OS) No.1677 of 2010 claiming that the individual properties oj persons (other than Mrs.Harbans Kaur), detailed asfollows, be treated at par with the properties ofLate Sh. Kultaran Singh. The status with regard to the saidproperties have been agreed to be as under: Name ofperson Address ofProperty Declaration by the Parties. Mr. Gurdev Singh Anand Industrial Plot bearing no.84, Sector-6, IMT, Manesar, Haryana and construction of factory thereupon. This is individual property of Mr. Gurdev Singh Anand and is not subject matter of Partition. Therefore, no other party herein has any claim over the same. 7« • 7 7 Iqbal Singh Anand Parspex (India) Pvt Ltd., and Harav India Pvt Ltd., at 402, Pragati Tower, Rajendra Place, New Delhi 110 008. Iqbal Singh Anand and is not subject matter ofPartition. • • 7 • • J ^ 7 Iqbal Singh Anand Tqhal Sinsh Anana F-1007, Vikram Tower, 16,^ Rajindra Place, New Delhi 110 008. 1 1/2 East Patel Na^ This is individual property of Mr. Iqbal Singh and is not subject matter of Partition. This is individual CS (OS) 966/2008, 1340/2009, 1677/2010 Page 6 of31 2017:DHC:8352 •V Ground Floor, Main.Road, j Patel Nagar, New Delhi. vroperty of Mr. Iqbal Singh and is not subject matter of the Partition. Iqbal Singh Anand S-456 Greater Kailash -II, New Delhi. IqbalSingh Anand Plot heaing no. M-2/7 in DLF, Phase II, Gurgaon. 1". 7 Iqbal Singh Anand KISInternational, 7/20 Kirti Nagar Industrial Area, New Delhi 110015. This IS sole business concern ofMr. Iqbal Singh and is not subject matter of the Partition. IqbalSingh Ananai Fiem: D-34 DSIDC Packaging Complex, Kirt: The shares in this i Company are of CS (OS) 966/2008, 1340/2009, 1677/2010 Page 7 of31 2017:DHC:8352 y Nagar, New Delhi 110 015. u b Mr. Iqbal Singh alone and thus the same are not subject matter of the Partition. Plot in Kingsway Camp, New Delhi in the name of Harpreet Kaur and alleged to have been jointly purchased by Kultaran Singh andIqbal Singh This is individual property of Mrs. Harpreet Kaur Wife ofIqbal Singh and dispute with respect to this property has been settled between the Mr. Iqbal Singh Anand and Party No. 6 (i) & (ii)- Iqbal Singh Anand Twofactories in Noida. This is individual property of Mr. Ms. Saranpal Kaur Anand Realisation of Fixed Deposits amounting to Rs. 22 lacs belonging to Mrs. Harbans Kaur, Gold nrnaments left behind—^ CS (OS) 966/2008, 1340/2009, 1677/2010 Page 8 of31 This is exclusive property of Ms. SaranpalKaur and is not subject matter of the 2017:DHC:8352.1^.j y Mrs. Harbans Kaur in the custody of Ms. Saranpal Kaur. Plots in Ludhiana Partition. Therefore, ' no other party herein has any claim over the same. Mr. Surjit Singh Anand G-3/17 DLF, Phase I, Gurgaon, Haryana This is individual property of Mr. Surjit Singh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same Ms.Savinder Kaur Chandhiok Properties at B-110, Sector 18, Noida. Ms.Savinder Kaur Chandhiok Sagar Ratna R-1, Sector 15-
CS (OS) 966/2008. 1340/2009. 1677/2010 This is individual property of Mrs. Savinder Kaur Chandhiok, her husband, sons and their companies and Firms. This is not subject matter of the Partition. This is individual property of Mrs^ Page 9 of31 2017:DHC:8352 Complex, Noida < j Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Chandhiok Shop 28-A, CSC -5, (DDA- Gole Market), behind Akash Kunj Society, Sector 9, Rohini. This is individual property of Mrs. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. • 7 • • 7 7 Chandhiok Restaurant by the name of "Dwarka" at 3F, Ground Floor, Kamla Nagar, Delhi. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same.. 7» * r 7 Chandhiok '• Restaurant by the name oj "Bercos" at Baratghar, Sector 12, Noida, U.P. f This is individual, property of Mrs. Savinder Kaur, her husband, sons and CS (OS) 966/2008, 1340/2009, 1677/2010 Page 10of31 2017:DHC:8352 / y Chandhiok Residential Flat at Sector 43, Noida, U.P. I^T their companies and Firms. This is not subject matter of the Partition. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Chandhiok Industrial Plot in Food Court, Rai at Haryana. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Chandhiok Shop No. 1,2, 3, 17, 19 -25 in Town Park in Faridabad, (Haryana) CS(OS) 966/2008, 1340/2009, 1677/2010 This is individual property of Mrs. SavinderKaur, her husband, sons and their companies and Firms. This is Page11 ofSI Chandhiok Two Restaurants in Rohini (details not known). not subject matter of the Partition. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition.
14. That with respect to the properties left behind by Late Sh. Kultaran SinghAnand, theparties have settledas under- Tenanted Shop no.8 Sharqi, Janoobi Jadeed, Tehran, Iran Saadi, Correct address as under- Tenanted Shop bearing no. 66 &85/1 at street Saadi, Janoobi Jadeed, Passage
14 Masoom, Block 206, Tehran, Iran CS(OS) 966/2008, 1340/2009. 1677/2010 It is agreed that Party Nos.l to 5 shall have no ownership or inheritance right on the said property and same shall exclusively belong to Mrs. Daman Pal Kaur Anand and Party NO. 6 (i) and (ii). However, as per the adjustment of the accounts, the PartyNo. 6 (i) and (ii) undertake to pay money equivalent to 1/6" share of the sale proceeds of the said shop to Party No.3 (Mr. Surjit Singh). The said money shall become Page 12 of31 A; CS(OS) 966/2008. 1340/2009, 1677/2010 Oi payable at the time ofsale ofsaidshop in Iranor upon sale of 7/20 Kirti Nagar, Industrial Area, New Delhi, whichever is earlier. It is agreed that the sale ofthe aforesaid shop at Iran shall be undertaken by Mrs. Daman Pal Kaur Anand and Party No.6 (i) & (n) only supervision/know how of the Mediator Mr. Ravinder Singh Chandhiok. It is clarified that the Party No.3 shall have no say in the sale of the said shop and will have right on the 1/6' share ofthe sale proceeds only. It is further agreed that upon sale ofthe aforesaid shop at Iran, Party No.6 (i) and (li) and Mr. Ravinder Singh Chandhiok shall inform the Party No.3 (Mr. Surjit Singh) about said sale and the sale consideration amount shall be paid Immediately upon the said sale transaction. To facilitate the ownership/ inheritance right upon Mrs. Daman Pal Kaur and Party No.6 (i) and (ii), the Party no 1 to 5 at the time of execution ofthis Settlement have executed and handed over the___j:^BB^ Page 13 of31 4: Tenanted Shop No.566 (Old No.137) Avenue Amir Kabir, Tehran documents including NOC in their favour. This property has been sold by Mrs. Daman Pal Kaur Anand and parties 1 to 5 agree that their share in the sale proceeds of the said property stands accounted for and adjusted amongst the parties 1 to 6. Therefore, Party No.l to 5 now have no claim whatsoever on the sale proceeds of the said property. hearing no. 1343, Bhaghal - E- Morgdari Farsian Kalepa, Damavand- Iran. As per the settlement, this property shall exclusively belong to Mrs. Damanpal Kaur Anand and Party No.6
(i) and (ii). This is not subject matter ofpartition and accordingly Party No.1 lo 5 have no claim whatsoever on this property. Office premises no.319, 3 Paisage Kashani Avenue, Amir Kabir. mran with Stoclcs in trude and^shares If company Sherkate KuUaran Lrmtional Ltd Said company has 50% share holding in the name of deceased Kultaran Singh 50% share holding belonged to Parduman Singh Chaftok and Parvinder Singh Chandhiok. CS(OS) 966/2008,1340/2009, 1677/2010 Uf "J- r. As per the settlement, this property including the shares in the company 'Sherkate Kultaran International' Ltd., shal exclusively belong to Mrs. Damanpal Kaur Anand and Party No.6 (i) and (li). This \ is not subject matter oj partition and according y Party No.l to 5 have no claim wha^ever__o]lJBl- Page 14 of31 2017:DHC:8352 Telephone no.88836265 and 33391347. Bank Accountiln Iran which were operated upon hy Shri Kultaran Singh(deceased) in Tehran and outside Tehran which were initially operated upon by Grand Father and / or Grand mother \1 property and in the above named company. These telephones do not belong to the Party no. 6. This is not subject matter of partition. Party no. 6 (i) and (ii) do not have knowledge of the bank accounts that belonged to their Grand Father or Grand Mother, which were operated by Late Shri Kultaran Singh. However, as per the settlement henceforth Party No.l to 5 have no claim whatsoever on these bank accounts. Flat No.409, a^asuring 498 sq.ft. in Lusa Tower atAzadpur, Delhi. 'X^'J^^he settlement, this property shall exclusively belong to Mrs. Damanpal Kaur and Party No.6 (i) and (ii). This is not subject matter of partition and accordingly Party No.1to 5 have no claim whatsoever nn this property. -yi^f;;^;W^0l7admeasuring MOO sq. ft 1/6, 3'^ Floor, East Patel Nagai, New Delhi-110008. CS(OS) 966/2008, 1340/2009. 1677/2010 As per the settlement, this property shall exclusively belong to Mrs. Damanpal Kaur Anand and Party No.6
(i) and (ii). This is not subject matter ofpartition and accordingly Party No. l to 5 have no claim whatsoever on this property. Page 15 of31 CS (OS) 966/2008. 1340/2009, 1677/2010 Plot No.G-3/14, DLF Phase-I, Gurgaon (Haryana) admeasuring 500 sq. yds n/ This property stands sold by Mrs. Daman Pal Kaur Anand and Party No.6 (i) and (ii). As per the settlement, it is agreed that the sale proceeds thereof exclusively belong to Mrs. Damanpal Kaur and Party No. 6 (i) and (ii). This is not subject matter of partition and accordingly Party No.1 to 5 have no claim whatsoever on this property or the sale proceeds thereof.
15. Daman Pal Kaur Anand as Confirming Party to this Settlement has undertaken toparties 1 to 5 that: i) She isfully satisfiedofthepartition ofestate in terms ofpresent Settlement; ii) She shall not lay any claim against parties 1to 5by way of succession and/or under the head ofjointfamily and/ or under any other basis any claim in anypart ofestate ofMrs. Harbans Kaur or Mr. Harnam Singh. Hi) She confirms the settlement worked out by her two sons who are party No. 6to this settlement and confirms that their entire family is left with no claims ofany nature, qua anyproperty on am, basis whatsoever except for the properties 59/7 New Rohtak Road and 7/20 Kirti Nagar as detailed hereunde, Present settlement brings an end to all claims ofthefamiy oj deceased Kultaran Singh. iv) She confirms that all appropriation /adjustment by way of money receivable orpayable by and between parties 1to 6is acceptable to her as well Appropriation offunds brings an Page 16 of31 2017:DHC:8352 r end to all issues concerning amounts / money payable or receivable byparties 1 to 6quaeach other.
PARTIES 1 TO 6 HAVE MUTUALLYSETTLED AMONGST THEMSELVES FOR PARTITION OF PROPERTIES DETAILED HEREINAFTER WITH SPECIFICNARRATION OF THEIR SHARE. SALEANTt APPROPRAITION OF FUNDS.
WHETHER RECEIVABLE OR PAYABLE AMONGST PARTIES 1 TO 6. Finally details ofproperties wherein parties 1 to 6 narrowed down issues ofsuccession to estate ofLate Mrs. Harbans Kaur and that of Late Mr. Kultaran Singh are detailed hereinafter (whereinparties 1to 6 have their unity of title and possession). Properties which are mutually agreedforpartition amongstparties 1to 6are asfollows: Sr.No. L Properties details 59/7, New Rohtak Road, New Delhi 110 005 having area of land underneath admeasuring 551 sq. yds, registered in the nameofMrs. Harbans Kaur. a) All theparties have agreed that they have equal undivided share i.e 1/6"' each in the aforesaidproperty. b) The saidproperty is afamilyproperty andParty Nos. 1to 5 do not want to sell itbut want to retain the same as the residential house of parties No.l to 5 and^ shall be redeveloped for their use. The Party No. 6 (i) and (li) have agreed to the saidproposal ofthe Party Nos.1to 5 on the assurance and representation ofthe Party Nos. 1 to 5 that fi-om the sale proceeds of 7/20, Kirti Nagar Industrial Area, New Delhi, received by the Party Nos. 1 to 5 they willpay the market value ofthe share owned by Party No.6 (i) and (ii) in 59/7, New Rohtak Road, New Delhi 110 005. c) Party no. 6(i) &(ii) have agreed that upon receipt of their sharemoney in 59/7, New Rohtak Road. New Delhi 110 005, they will execute the requisite document including Relinquishment Deed in favour of the Party j^os. 1to 5or their nominee as advised by them. CS(OS) 966/2008. 1340/2009, ]677/2010 Page 17of31 2017:DHC:8352 y d) Parties 1 to 6(i) and (ii) shallmake application with MCD for approval ofbuildingplans whichplans shall be signed by parties 1 to 6 (i) & (ii) andsubmitted with MCDfor approval. e) After approval ofbuildingplans, each ofthefive parties ( 1 to 5) shall contribute for raising ofstructure followed byflooT^ise division/allotment by draw oflots. Party Nos. 1 to 5 have agreed and assured the party No.6 that they will commence the construction at 59/7, New Rohtak Road, New Delhi 110 005, only after Party No.6 (i) and
(ii) are paid their 1/6"^ share in the said property out of sale proceeds of 7/20, Kirti Nagar Industrial Area, New Delhi. Further, Party Nos. 1 to 5 have agreed that they shall commence the work of development at 59/7, New Rohtak Road, New Delhi within next six months from the date ofsaleofthe aforesaidIndustrial Plot. f) All the parties have agreed to maintain status quo with respect to the construction and ownership rights in the aforesaid property till implementation of the above settlement. It is specifically agreed that no party shall carry out any unauthorized construction on the said property or create any third party rights till implementation ofthis Agreement. g) After allotment ofrespectiveportion /floor /share in the property, parties(l to 5) shall befree to negotiatefor inter se bidding. h) Party No. 6shall have no right to sell or transfer their share to any outsider withoutpreviously offering the same toparties 1to 5, subject to beingpaid their share value as mentioned above. i) All the parties within one month of execution of this Settlement shall apply to the appropriate authority for mutation/substitution oftheir names in the records. The expense for said mutation/substitution including any CS (OS) 966/2008, 1340/2009, 1677/2010 Page 18 of31 2017:DHC:8352 r
2. d^d/fees rais^^dhyl^oncerned authority, before allowing the said application ^f the parties shall be borne equally by all theparties i.e 1/6 each. This will be to ensure that the title oftheparties to the saidproperty is marketable and isfreefrom all legal impediments. i) That since the said property is on leasehold basis, all parties within one month of execution of this settlement shall applyfor conversion ofthe aforesaidpropertyfrom leasehold into freehold Each of the six parties shall contribute.towards conversion fee of aforesaid property from leasehold to freehold, including for any statutory demand mised by the authorities with respect to said conversion. All the parties have agreed to appoint Mr Ravinder Singh Chandhiok as their Mediator would cany out the process of conversion of leasehold to freehold. k) Original tUle documents ofproperty no. 59/7NewRohtak Road, New Delhi are in custody and control of Mr. 8666rsq yds..Saidproperty-is registered in the name of late Smt. Harbans Kaur. Property is on perpetual leasehold basis..) ThePartyNo.I (Mr. Gurdev Singh) hm declaredto all ^ ler Zies herein thai aGift Deed executed by that the said Gijt Deed aaiea c,,jUReQistrar of reglitered with ^. registration no. Assurances on J425 on CS(OS) 966/2008, 1340/2009, 1677/2010 Page19 of31 2017:DHC:8352 declared that this settlement shall have overriding effect on the said Gift Deed executed in hisfavour. This declaration ofMr. Gurdev Singh is accepted by all the remaining parties to this Agreement, to give effect to andfor implementation ofthis settlement. b) Mr. Gurdev Singh has further declared that he shall submit necessary declaration, indemnity bond, undertaking or such other document calledfor by the office ofthe L& DO, to cancel the mutation in his name which was carried out, in pursuance to the said Gift Deed. c) In view ofabove, it is agreed that all theparties herein have equal i.e 1/6'^ share in the aforesaid Industrial Plot comprising ofthe building and land underneath admeasuring 1866.66 Sq. Yards. d) The said property was previously let out to tenant. After recovery ofvacantpossession same is leased out (with priorpermission ofDelhi High Court granted in CS (OS) No. 966 of2008) tq M/s SamaraIndia PvtLtd e) Monthly rent realizedfrom the groundfloor ofthe said property paid by M/s Samara India Pvt Ltd., is about
5.75 lacs per month, which is distributed amongst parties 1to 6. The said lease is continuing Theparties have agreed to continue with the said lease deed till the saidproperty is sold. f) The said lessee has deposited the security amount in the Hon-ble High Court of Delhi at New Delhi The parties willfile an appropriate applicationfor release ofthe interest amount earned on the said tDKs, ij released, mil be handed over to the Mediator Mr. Ravinder Singh Chandhiok who will deposit the same with the office of the L& DO as fees for mutation/conversion of the said industrial plo from CS(OS) 966^2008, 1340/2009, 1677/2010 Page 20 of31 2017:DHC:8352 g) h) i) j) /I lease hold tofree hold. y4// /'/ze parties within one month ofexecution of this Settlement shall also apply to the office ofthe L& DO for mutation/substitution oftheir names in the records. The expense for said mutation/substitution including the demand/fee raised by the concerned authority, before allowing the said application of the^parties, shall be borne equally by all theparties i.e 1/6 each. Party Nos. 1to 6have agreed that they shall pay and clear all the dues and charges, as levied and demanded by the concerned authorities and shall make clear and marketable titlefreefrom all legal impediments. Since the said property is leasehold, therefore all the parties ^ within one month of their application jor mutation being allowed, shall applyfor conversion of the aforesaidpropertyfrom leasehold mtofreehold. If the amount^ requiredfor conversion is more than the amount of interest received as mentioned above, then each ofthe sixparties shall contribute equally towards conversion of aforesaid property from leasehold to freehold Further, all the parties shall also contribute equally towards any other statutories. After mutation anddepositofconversion charges Deed ofconveyanceshall begot executedinfavour ofparties I to 6 themselves and/or in the name of proposed transferee (ifpermissible byparamountLessor). k) The parties mil try to sell the aforesaid property (leaseholdorfi-eeholdas the case may be) giving the bestprice. Property on being sold shall transferredbydueexecution ofsaledeed/^ansferdeed in favour ofpurchaser /transferee by herein upon receipt of their respective shates. Athe time ofsale of the property, if the prospective uy wants the vacant vossessiov nfihe entire property^ CS(OS) 966/2008, 1340/2009, 1677/20}0 2017:DHC:8352 /f { the Party Nos. 1 to 5 have agreed that they will get the possession of the First Floor of the said property vacatedfrom their tenant(s). I) All the parties have agreed to maintain status quo with respect to the construction, possession and ownership rights in the aforesaid property till implementation of the above settlement. It is specifically agreed that no party shall carry out any unauthorized construction on the said property or create any third party rights till implementation ofthis Agreement. m) It is agreed that before entering into an Agreementfor sale with respect to the aforesaid Industrial Plot, the market value for the property at 59/7, New Rohtak Road, Delhi will be ascertained with mutual consent of all theparties herein so as to determine the 1/6"" share money that will become payable to the Party No.6 (i) and (ii) towards their share in 59/7, New Rohtak Road, New Delhi. Upon receipt oftheir share money in 59/7, New Rohtak Road, New Delhi, Party No. 6 (i) and (ii) shall execute requisite document thereby relinquishing their respective rights, title, interest and possession in the said property in favour ofthe Party No. 1 to 5 or their nominee as advised by them. n) If the parties, are unable to agree on the buyer to whom the said property is to be sold and/or with respect to the implementation of this settlement a dispute arises amongst the parties herein, then the same shall he first referred to the Mediator Mr. Ravinder Singh Chandhiok. o) Onpayment ofamounts, as detailed above with respect to the both the properties i.e 59/7, New Rohtak Road New Delhi 110 005 and 7/20, Kirti Nagar Industrial Area, New Delhi, the issue of partition of estate belonging to Late Mrs. Harbans Kaur shall stand finalized andsettled. CS(OS) 966/2008, 1340/2009, 1677/2010 Page22ofSI 2017:DHC:8352
4. 'Otiginal title documents ofproperty no. 7/20 Kirti Nasar Industrial Area, New Delhi, are in custody and conti^ol ofMr. Icjbal Singh. At the time ofsale ofsaid property, original documents shall be shown to the prospective buyer. House tea payment with respect to the property NO. 7/20, Kirti Nagar Industrial Area, New Delhi, as deposited by the parties herein are in their possession respectively which shall beproducedandshown to the prospective buyer, ifany. ^ - Tenanted Shop No. 137 Amir Kahir Street which shop has been soldout by Damanpal kaur AnandSaid sale proceeds are accountedfor. After taUng into account value ofsaleproceeds ofthe saidproperty andadjusment of the same against the payables by the otherparties herein to party 6(i) and (ii), now nothing ispayable by theParty no.6 and their mother Mrs. Daman Pal Kaur to Party Nos. I 5. With this the partition ofsaidshop stands settled, •Sh^f^^^dij^bi, Tehran (Iran) Dossession ofSixth Party. It is agreed that Party Nos.l to shall have no ownership or inheritance right on the said property and same shall exclusively belong to Mrs. Daman that the sale ofthe aforesaidshop atIransjm by Mrs. Daman Pal Kaur Anand and Party Na6Ji)^^ U S rr -rr- 'C (r:'JlIZZlMr. Ravin^mtCh^^ CS (OS) 966/2008. 1340/2009, 1677/2010 Page23of31
6. "inform 'the'PoH^o.S (MrSmji^gh) about saidsale and the sale consideration amount shall bepaid imm^ediately upon the said sale transaction. To facilitate ^he ownership, inheritance right upon Mrs. Daman PalKaur andPartyNo^
(i) and (ii), the Party no. 1to 5at the time ofexecution ofthis
Settlement have executed and handed over documents including NOC in their favour. With this arrangement, the issue of partition of said^^ shop stands finalized and settled ^^ r 'mf^Mumbai which ceases to existfor which the value is worked out 'by Party No.l Sh. Gurdev Singhfor purposes distribution ofits saleproceeds, which has been accepted by all the otherparties, nus thesaidsaleproceeds to the said property stands Accordingly now nothing is payable by Party No.I/S. Gurdev Singh to any other Part^he^ — ^ A / Delhi-l10006, opposite Minerva Ctnema, which is atenan nrlrty in the name of Gurdev Trading Company PartnershipFirm). Tenancyofsaidshop cannot be disturbed Disturbance oflandlord -tenant relationship can result into l^Zgtenaniyrights tosaidshop Ther<fore. tenancyngto aTconferred eldusively on Sh. Gurdev Singh who shaU exclusively enjoy tenancy rights andpossession and free to run his businessfrom thesaidshop. =v?:« No.1 respect to said sho]?. CS(OS) 966/2008, 1340/2009, 1677/2010 Page24 of31 2017:DHC:8352 if the parties herein. Accordingly, henceforth parties hme "ojlam whatsoever against each other with respect to the same. The settlement and adjustment ofsaid accounts shall not he openfor any question g or challenge now or later on by anyparty whatsoever. C The PartyNo. Iat tlw time ofexecution ofthis Agreement, has handed over the selfattested/certifiedphotocopy ofthe vronerty at 59/7 New Rohtak Road Delhi and 7/20 Kirti Nagar, iZ'TArl. Delhi, so as to enable them to lookfor abuyer. Also. the original have been shown to the Party No.6. succession ofanypart ofestate. F PartyNo. 1to 5agree that they have no righton the estate left behind byLate Sh. Kultaran SinghAnand in Iran andIndia and hankaccounts anywhere. K Accordingly, parties- have agreed entire litigation in.thefollowing manner. Details of the Co are asfollows:
S. NO. 1. Particulars 'S^dffbr^a.rtition CS (OS) 966/2008 CS(OS) 966/2008, 1240/2009, 1677/2010 Name &place ofCourt claiming partition of property No. 59/7, New Rohtak Road and 7/20 Kirti Nagar Industrial Area, New Delhi. Suit filed by Party No. 6 (i) and (ii) against parties 1 to 5. Joint Application will befiledfor passing ofthe decree in terms of this settlement. Page25of31
2. Suit for pai tition - CS (OS) NO. 1677/2010 Suitfor recovery of money against Sh. Iqbal Singh only registered as CS (OS) 1340/2009. Delhi High Court, New Delhi claiming partition of estate left behind by late Mrs. Harbans Kaur and late Sh. Kultaran Singh Anand. JointApplication will befiledfor passing ofthe decree in terms of this settlement. Delhi High Court, New Delhi wherein Mrs. Daman Pal Kaur and Party No. 6 (i) and (ii) have alleged that though Mr. Iqbal Singh was the nominee in the suit FDRs, yet the money belonged to Mrs. Daman Pal Kaur and her sons. The said suit filed against Sh. Iqbal Singh is for recovery ofRs. 2 crores odd amount with interest. Plaintiffs(Mrs. Daman Pal Kaur and Party no. 6 (i) and (ii) in said suit shall get their statement recorded that their claim stands fully satisfied and hence suit be ordered to be dismissed as withdrawn. Complaint is laid by Mrs. Damanpal Kaur Anand and party 6(i) and (ii) against Iqbal Singh for the FDRs which are subject matter ofCS (OS) 1340 of2009. Statement shall be made by all complainants in the Court that their claim stands fully satisfied and hence complaint be ordered Complaint case u/s 406IPC against Sh Iqbal Singh Anand before the Court of Sh. Satvir Singh Lamba, MM, Patiala House, New Delhi. CS (OS) 966/2008, 1340/2009, 1677/2010 Page 26 of31 2017:DHC:8352 #
5. Civil Suit for declaration, perpetual and mandatory injunction entitled as Gurdev Singh Anand and Ors. Vs. Damanpal Kaur pending before Ms. Jogendri Civil Judge, Gurgaon wherein transaction of sale of 1/4'^ undivided share and joint possession qua plot No. G-3/14 DLF Phase I, Gurgaon has been impugned by Parties 1 to 5. Complaint case entitled as Gurdev Singh and Ors. Vs. Daman Pal Kaur Anand and Ors. pending in the Court of Sh. Harvinder Singh, MM, Patiala House Courts, New Delhi wherein Party No. 6 and Daman Pal Kaur Anand have been summoned as CS(OS) 966/2008, 1340/2009, 1677/2010 to be dismissed as withdrawn. Suit is filed before the Civil Court at Gurgaon. Declaration is sought that Damanpal Kaur Anand, Jaspreet Singh Anand and Gursimar Singh Anand did not have any right or title or authority or competence to transferjoint title andpossession in respect of plot No. G-3/14, DLF Phase I, Gurgaon to Master Promoters Pvt Ltd. for the undivided share and possession of Mrs. Harbans Kaur whose LRs are parties 7 to 5. Statement shall be made by Plaintiffs that the suit claim stand settled and accordingly be dismissed as withdrawn. Parties 1 to 5 shall make statement in the Court that in view of the fact that they have settled their disputes, therefore complaint case be ordered to be dismissed as withdrawn. Page 27 of31 2017:DHC:8352 r r
7.
8. accused under section 415/420 IPG. Givil Suit for declaration, injunction and other relief pending in the Gourt of Mohd. Farukh, ADJ, Dwarka, New Delhi entitled as Gurdev Singh and Ors vs. Daman Pal Kaur Anand and Ors. registered as Suit No. 377/2016. Appeal filed before the Division Bench against orders dated 25.4.2016 passed by Ld. Single Judge of Delhi High Gourt who declined to transfer said suit from the Gourt of Mohd. Farukh, ADJ, Dwarka to that of Delhi High Gourt for being tried along with GS (OS) No. 1677 of 2010 and GS(OS) No. 966 of2008. Parties 1 to 5 shall make statement that they withdraw their claims against Defendants, in view of the settlement. Suit be dismissed in terms ofsettlement. Party nos. 1 to 5 who have filed this appeal before the Division Bench, shall withdraw said appeal, in view ofthesettlement. Gomplaint Gase laid by Sh. Gurdev Singh and others Party No. 1 to 5 have agreed that they will drop Mrs. Daman Pal Kaur Anand and Party No. 6 CS(OS) 966/2008, ]340/2009, 1677/2010 2017:DHC:8352 f againstparty No. 6 pending before Ld. MM at Tis Hazari, Delhi. complaint case. settlement, such cases shall ^, document, such court case recorded in this document. ^ be'declared that the on being discovered shall cr— anyproperty whatsoever.
2018. L. Present settlement is arrived at between the parties voluntarily out.of theirfree will and accord and without anypressurefrom any quarter. Parties 1to 6have agreed to appoint Mr. Ravinder Singh Chandhok S/o Mr. GS Chandhok R/o B-39 Greater Kailash Part-l New Delhi- 110048, as the Mediator to assist the parties herein to implement the terms ofthe presentMemorandum.
14. Having gone throughthe record and having heard all sides, this Court is satisfied thatthe Settlementhas been arrived at by the parties out oftheir > own free will and volition. In these circumstances, the prayers made mthe m- three applications mentioned above deserve to be granted, ' 15 Thus, the first and third suit referred to above, they being CS(OS) 966/2008 and CS (OS) 1677/2010, are decreed in terms of the settlement mentioned above. The second suit, it beingCS(OS) 1340/2009. is disposed of as settled/satisfied in view ofthe Family Settlement refeired to above. All parties shall remain bound by their respective undertakings under this Page 30 of31 CS(OS) 966/2008, 1340/2009, 1677/2010 2017:DHC:8352 V V Settlement. The parties are left to bear their own costs. The Family Settlement and the Settlement Report have been marked as Ex.PA and Ex-PB respectively and shall form part ofthe judgment and decree in each case. The court fees in these three cases shall be refiinded in accordance with law/rules.
16. It is made clear that this judgment has been passed on the file of CS(OS) 1677/2010 and shall govern the two other cases they being CS(OS) 966/2008 and CS(OS) 1340/2009. the registry shall place copies of this judgment on the said respective files.
17. The pending applications, on the file of these cases are rendered infixictuous and disposed of accordingly. The parties may move such appropriate applications or take out such further proceedings as may be '^icessary to effectuate the settlement arrived at.