Narinder Kumar Anand vs Krishnawanti Anand And Ors
2011 Latest Caselaw 3582 Del

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

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

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

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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