S.Jasdeep Singh vs S.Kehar Singh & Ors.
2012 Latest Caselaw 1050 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Decision :February 15, 2012

+                       RFA(OS) No.26/2004

      S.JASDEEP SINGH                                   ...Appellant
           Through: Mr.Vinod Tyagi, Advocate.

                               versus

      S.KEHAR SINGH & ORS.                     ....Respondents
           Through: Mr.Akshay Makhija with Ms.Sanjugeeta
                    Moklan and Ms.Mahima Bahl, Advocates for
                    R-4,7 & 9.
                    Ms.Madhu Tyagi, Advocate for R-6 & 8 with
                    respondent Nos.6 & 8 in person.

                        CS(OS) No. 1060/2007

      MRS. JAGJIT KAUR                            ...Appellant
           Through: Mr.Akshay Makhija with Ms.Sanjugeeta
                      Moklan and Ms.Mahima Bahl, Advocates

                               versus

      MRS. KULWANT KAUR & ORS.                ....Respondents
           Through: Ms.Madhu Tyagi, Advocate.

      CORAM:
      HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
      HON'BLE MS. JUSTICE PRATIBHA RANI


PRADEEP NANDRAJOG, J. (Oral)

1. Since parties have settled their disputes and have reduced the settlement in a written Memorandum dated February 15, 2012, which settlement embraces the subject matter of RFA(OS) No.26/2004 as also CS(OS)No.1060/2007, as requested by learned counsel for the parties, we have summoned the file of the suit so that the comprehensive settlement could be given effect to. With consent of learned counsel for the parties, we pre-pone

the date of hearing of the suit and noting that I.A. No.3190/2010 and I.A. No.4889/2011 are pending, the former to bring on record the legal heirs of S. Jagjit Kaur, the plaintiff, who died on January 4, 2010, and the latter to bring on record the legal heirs of one of her legal heir i.e. her husband S. Kehar Singh, who died on February 12, 2011, we allow both applications i.e. I.A. No.3190/2010 and I.A. No.4889/2011 and direct amendment memo of parties to be filed in the suit within three days from today.

2. Subject matter of RFA(OS) No.26/2004 is the order dated April 28, 2004 dismissing the suit on the ground that the claim is not maintainable.

3. Subject matter of the suit is the claim by late S. Jagjit Kaur pertaining to the share of her son late S. S.P.Singh in property bearing Municipal No. W-18, Greater Kailash, Part-I, New Delhi. As pleaded in the plaint, S. Jagjit Kaur states that her son S.P.Singh died intestate on January 16, 2007 leaving behind, besides her mother, his wife, S. Kulwant Kaur and his sons S. Harminder Singh and S. Jasdeep Singh as the legal heirs and hence she is entitled to one-fourth share in the interest of the deceased in the property in question, which interest she claims was acquired by her son when the property in question was partitioned as per Memorandum dated February 12, 1989 amongst herself, i.e. S. Jagjit Kaur, her husband S. Kehar Singh and their two sons S.P.Singh and J.P.Singh.

4. The claim in the suit which has been dismissed and in respect whereof RFA(OS) No. 26/2004 is pending is a challenge by S. Jasdeep Singh, son of late S.P.Singh to the oral partition reduced in the form of a written Memorandum dated February 12, 1989, based whereon, a Compromise Decree dated November 6, 1989 was passed in Suit No.483/1989. The partition, being

reduced in the form of a Memorandum and the decree pursuant thereto was under challenge. The settlement and the decree pertain to property bearing Municipal No.W-18, Greater Kailash, Part-1, New Delhi.

5. S. Jasdeep Singh is claiming an interest in the property being the son of S.P.Singh, who had entered into the settlement with his parents and brother. He claims the settlement to be a fraud. As recorded in the Memorandum and the decree, S. S.P.Singh, his brother S. J.P.Singh and their father S. Kehar Singh and their mother S. Jagjit Kaur were assigned different portions in property No.W-18, Greater Kailash, Part-I, New Delhi-110048, to be owned and possessed individually without unity of title or unity of possession.

6. During the pendency of the appeal, S. S.P.Singh, S. Kehar Singh and S. Jagjit Kaur died and the legal heirs have been brought on record.

7. Thus, as a result of the substitution effected today by us in the suit, and for the substitution already effected in the appeal, all the litigating parties are before us, being the wife and sons of late S. S.P.Singh and J.P.Singh. We note that the sister of the two brothers i.e. the daughter of late S. Kehar Singh and S. Jagjit Kaur is a proforma party.

8. The parties have settled the dispute and have reduced the terms of the settlement in writing by way of a Memorandum dated February 15, 2012.

9. The compromise effected is that the right, title and interest of the two sons and the wife of late S. S.P.Singh would be transferred to S. J.P.Singh in terms of a Memorandum of Settlement dated February 15, 2012, signed by S. Harminder Singh, his mother S. Kulwant Kaur, who has signed for herself and also on behalf of her son S. Jasdeep Singh, being duly authorized

to do so. Needless to state that S. J.P.Singh is the signatory, as the second party, to the Memorandum of Settlement.

10. The Memorandum of Settlement dated February 15, 2012 has recorded the price, as also the time at/during which S. J.P.Singh would pay the agreed consideration to S. Jasdeep Singh, S. Harminder Singh and S. Kulwant Kaur. The Memorandum records that upon receipt of full consideration, S. Jasdeep Singh, his brother S. Harminder Singh and their mother S. Kulwant Kaur would be left with no right, title or interest in property No.W-18, Greater Kailash, Part-I, New Delhi and they would hand-over the vacant, physical and peaceful possession of the portion of the property in their possession to S. J.P.Singh on the date when they receive the second and the last instalment of the sum agreed. The Memorandum further records that if there is any dispute pertaining to the satisfaction of the accord arrived at under the Memorandum, the dispute shall be referred to a Sole Arbitrator named in paragraph 9 of the Memorandum.

11. It is thus clear that the settlement is complete as regards the instant appeal and the suit, for the reason parties do not envisage a satisfaction of the accord, to be the discharge of their respective claims in the appeal and the suit. The satisfaction of the accord is being treated as the parties as a fresh cause; and hence the need for the arbitration clause in the Memorandum in question.

12. As per the Memorandum, CS(OS) No.1060/2007 requires to be withdrawn for the reason it has now become unnecessary to decide whether late S. Jagjit Kaur inherited any share in the property in question upon the death of her son S.P.Singh.

13. There is a civil suit pending between the parties, which is registered as Suit No.350/2011. It is currently pending in the Court of Ms.Kadambari, Civil Judge, Tis Hazari Court. It pertains

to the possessory rights in a servant quarter at the garage block in the property No.W-18, Greater Kailash, Part-I, New Delhi. Since the settlement between the parties envisages that upon receipt of full payment as per the Memorandum of Settlement, S. Jasdeep Singh, his brother S. Harminder Singh and their mother S. Kulwant Kaur would hand-over the vacant and peaceful possession, of whatever portion of the property is in their possession, as owner or otherwise, to S. J.P.Singh, it is apparent that the subject matter of the said suit also stands compromised, requiring the suit to be withdrawn.

14. The Memorandum of Settlement has been executed in duplicate. One copy each is retained by learned counsel for the appellant and J.P.Singh

15. With the consent of the parties, following directions, to be treated as a decree are passed, requiring the instant appeal, the suit from which the same has arisen as also CS(OS) No.1060/2007 to be disposed of as under:-

(i) The appeal, i.e. RFA(OS) No.26/2004 and CS(OS) No.1060/2007 stand disposed of recording the settlement between the parties as per the Memorandum of Settlement dated February 15, 2012. The decree shall be treated as a declaratory decree to the effect that it stands hereby declared that a settlement, executory in nature has been arrived at between the parties.

(ii) Dispute pertaining, if any issue arises (which we wish would not happen) to the satisfaction of the accord recorded in the Memorandum of Settlement dated February 15, 2012 shall be referred to arbitration of Mr.Justice R.C.Chopra (Retired) who will enter upon reference and adjudicate upon a communication received by either party listing out the dispute.

(iii) Upon receipt of the agreed consideration as per the Memorandum, and within the time stipulated therein, the right,

title and interest of whatever nature is projected by S. Jasdeep Singh, his brother S. Harminder Singh and their mother S. Kulwant Kaur would automatically stand extinguished in property No. W-18, Greater Kailash, Part-I, New Delhi and the entire right, title and interest therein would belong and shall be vested in S. J.P.Singh.

16. Parties shall be bound by the Memorandum and Suit No. 350/2011 shall be withdrawn by S. J.P.Singh upon fulfilment of the satisfaction of the accord arrived at.

17. Parties shall bear their own costs all throughout in all the proceedings.

18. The suit being CS(OS)1060/2007 stands disposed of and the file be consigned to the Record Room. So it be done, pertaining to the file of RFA(OS) No. 26/2004.

19. The parties have agreed to bear their own costs.

(PRADEEP NANDRAJOG) JUDGE

(PRATIBHA RANI) JUDGE FEBRUARY 15, 2012 KA