7
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1788/2000 & I.A. No.9131/2011, 5505/2011,
6853/2009 & 31/2008 & CCP(O) No.76/2010
% Judgment Delivered on: 27.07.2011
NARINDER KUMAR ANAND ..... Plaintiff
Through: Mr.Rakesh Mahajan and
Mr.Sheetesh Khanna, Advocates
versus
KRISHNAWANTI ANAND AND ORS. C+..... Defendant
Through: Mr.Tarun Kumar, Adv. for legal heir
No.2 of defendant no .3
Mr.Pankaj Bagga, Advocate for
LRs of defendant no.3
LRs. of defendant no.2 and LRs. of
defendant 3 are present in person.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
1. Whether the Reporters of local papers may be allowed to see
the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
G.S.SISTANI, J. (ORAL)
1. Plaintiff has filed the present suit for partition and rendition of accounts. On 30.05.2011, a preliminary decree was passed declaring the parties to have the following shares:
(i) Plaintiff : 1/4th share
(ii) Defendants No.2(i) to (iv) : 1/4th share
(iii) Defendants No.3(i) to (v) : 1/4th share
(iv) Defendants No.4 : 1/4th share
2. It was also agreed on 30.05.2011 that the suit property be sold and CS(OS) 1788/2000 Page 1 of 4 the sale proceeds be shared in the aforesaid ratio. Plaintiff had made an offer to purchase the suit property for a sum of Rs.1,10,00,000/- including his share. Counsel for the parties sought an adjournment to confirm the market price of the suit property. It was also brought to the notice of the court that as per the settlement - Ex.PX, the parties had agreed to find a buyer by 02.05.2011 failing which the first buyer's offer shall be acceptable to all. The defendants agreed that they shall either find a buyer willing to pay a higher value or will give a better offer before the next date of hearing, failing which they would accept the plaintiff's offer of Rs.1,10,00,000/- and the matter was adjourned to 20.07.2011. On 20.07.2011 defendant No.2(ii) and defendant No.4, who appeared in person made an offer to purchase the suit property at Rs.1,15,00,000/-. Counsel for the plaintiff had submitted that his client is willing to better the offer and at request of the parties the matter was adjourned to enable parties to bring a buyer who would offer the best price. It was also agreed that the purchaser, to show his bona fide, would at the time of making an offer in court, would deposit a sum of Rs.10,00,000/-, failing which his offer would be rejected and the second best offer would be accepted, subject to the condition that the person making the second best offer would also deposit Rs.10,00,000/- on the same date. Parties also agreed that the purchaser would pay 25% of the sale price on or before 20.09.2011 and the balance amount by CS(OS) 1788/2000 Page 2 of 4 20.12.2011. Parties agreed that possession of the suit property would be handed over to the purchaser and none of the parties would create third party rights. Thereafter the matter was adjourned to 27.07.2011.
3. Today, plaintiff has brought a buyer to court today, who is willing to purchase the suit property in the total sum of Rs.1,15,00,000/- and to show his bona fide, the intending purchaser (Mr.Rakesh Gupta) has brought to court a bank draft in the sum of Rs.10,00,000/- in the name of Registrar General of this court. Let this amount be deposited with the Registrar General of this court as agreed.
4. The buyer agrees to pay 25% of the balance amount on or before 29.09.2011 and the balance sale consideration shall be paid on or before 20.12.2011.
5. The legal heirs of defendant no.2 and legal heirs of defendant no.3 are present in court today. All parties submit that the proposal made by Mr.Rakesh Gupta, is accepted to them. It is agreed that the sale deed will be executed in the name of Mr.Rakesh Gupta or in the name of his nominee.
6. It is made clear that in case 25% of the balance sale consideration is not paid on or before 29.09.2011, the sum of Rs.10,00,000/- deposited by Mr.Rakesh Gupta, with the Registrar General will be forfeited and shall be divided among all the parties. Similarly if the balance amount is not paid on or before 20.12.2011, legal consequences will follow. It is agreed by legal heirs of defendant CS(OS) 1788/2000 Page 3 of 4 no.2 and 3 that they will clear the water and electricity bills.
7. The legal heirs of deceased, defendant no.3 will deposit the title deed of the suit property with the Registrar General of this Court, who will keep the same in a sealed cover. The title deed of the property is handed over to the Court Master today, who shall keep the same in trust.
8. List the matter before Registrar General on 28.07.2011 at 11:00 when the Court Master will personally carry the sale deed. Counsel for the parties shall also remain present before Registrar General, so that the sale deed is sealed in their presence on 28.07.2011.
9. Counsel for the parties submit that they will all cooperate in the sale of property to Mr.Rakesh Gupta or his nominee, who will pay the sale consideration to the parties, as per the preliminary decree dated 30.05.2011. As agreed after the making payment of the entire sale consideration to the parties the title deeds deposited in this court shall be handed over to the purchaser.
10. Accordingly, the suit is decreed in above terms. All applications and CCO(O) No.76/2010 stand disposed of.
G.S.SISTANI,J
JULY 27, 2011
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CS(OS) 1788/2000 Page 4 of 4