Delhi High Court
Meenu Malhotra & Anr. vs Neelam Sahgal on 31 May, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 25th May, 2017
Pronounced on: 31st May, 2017
+ CS(OS) 87/2017, IA Nos.2417/2017, 3436/2017, 6292/2017
MEENU MALHOTRA & ANR.
..... Plaintiffs
Through : Mr.P.V.Kapur and Mr.Anil Airi, Sr.
Advocates with Ms.Divya Kapur,
Mr.Vimal Nagrath, Ms.Pratibha
Sridhar, Ms.Kaveri Gupta,
Mr.Sidhanth Kapur, & Mr.Jitender
Panchal, Advocates.
versus
NEELAM SAHGAL
..... Defendant
Through : Mr.Harish Malhotra, Sr Advocate
with Mr.Gaurav Puri, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. IA No.3436/2017 is for seeking directions against the
defendant to restrain her from obstructing the ingress and egress to
the portion other than mezzanine floor of the suit premises bearing
No.50, G.B.Road, Delhi -110006.
However, during the course of arguments, Mr.Harish Malhotra,
the learned senior counsel for defendant consented that he has no
objection if the prayer made in the plaint is allowed and a preliminary
decree for partition be passed declaring the parties to be the owner of
1/3rd share each of properties mentioned in Schedule - I, as amended
and as attached to the amended plaint (taken on record while
disposing IA No.6427/2017).
2. Admittedly, the plaintiffs and defendant are real sisters being
daughters of deceased Brij Mohan Nanda s/o late Lala Shanker Dass
Nanda. Brij Mohan Nanda expired on 07.12.2016 at Delhi.
Smt.Vimal Nanda, his wife had pre-deceased Brij Mohan Nanda.
3. Brij Mohan Nanda, till his death was doing business in the
name of M/s.S.D. Nanda & Sons at Shop No.50, G. B. Road, Delhi -
110006. Brij Mohan Nanda during his lifetime had acquired several
movable and immovable properties and had executed his last Will and
Testament on 07.06.2006, duly registered with the Office of Sub
Registrar of Assurances - I, Delhi vide registration No.2689, Book
No.3, Vol.No.611, at page Nos.41-44 on dated 07.06.2006. In his
Will, Shri Brij Mohan Nanda had distributed some of his assets which
were to go separately to each of his daughter and some of his assets
were to be jointly owned by his children. The details are mentioned
in his Will dated 07.06.2006. There is no dispute qua the properties
going to the share(s) of each of the daughters independent to each
other. The dispute is only qua the properties which fall in joint share.
4. The case of the plaintiffs is the property bearing shop No.50, G
B Road, Delhi - 110006 bearing MCD Nos.5334 & 5347 (Khasra
No.441/173-174) admeasuring 85 square yards is a part of Schedule -
I (as amended) of the properties of late Shri Brij Mohan Nanda from
where he was running his business in the name of M/s.S.D. Nanda &
Sons and had employed several staff. During his lifetime he had also
permitted Mr.Kunal Sahgal, son of defendant to use its mezzanine
floor, purely on a gratuitous basis, which permissive use came to an
end on the death of Brij Mohan Nanda.
5. The plaintiffs further allege that defendant through her son is
illegally trying to take over the said property by removing the books
of accounts and other articles from the shop without the consent of
the plaintiffs and with a sole motive to take its possession, which per
Will is bequeathed to all the parties in equal shares.
6. The plaint further talks of a suit pending before the learned
Civil Judge for injunction on the allegation that the defendant,
through her son, has been trying to remove the furniture etc from the
shop and had threatened the employees of M/s.S.D.Nanda and Sons.
7. It is alleged that the sole intention of the defendant is to take
over all the properties and to deprive both the plaintiffs of their
rightful share. Further it is stated that Sh.Brij Mohan Nanda had only
½ share in property bearing No.6/3B, Roop Nagar, Delhi - 110007
admeasuring 642 square yards. The plaintiffs allege that all the
parties are in joint possession of the movable and immovable
properties as mentioned in Schedule - I, as amended, and such
properties need to be partitioned by metes and bound and that the
amount shown in the books of accounts of M/s.S.D.Nanda & Sons -
have to be utilised for the payment of statutory dues, including that of
employees unpaid salaries etc.
8. It is now submitted that both the parties have reached to an oral
settlement and do not wish to continue with the disputes and are
inclined to maintain harmonious family relations and have thus
accepted the Will dated 07.06.2006 as the last Will and Testament of
Brij Mohan Nanda and admit that they all acquire 1/3rd each share in
the joint assets mentioned in the amended Schedule - I. Both the
learned senior counsels from either side conceded for a preliminary
decree to be passed. Even otherwise the defendant had filed a
Testamentary Case No.5/2017 for grant of letter of administration in
respect of the properties mentioned in the Will. The letter of
administration with Will dated 07.06.2006 annexed has been granted.
9. Since, the learned counsel for defendant has no objection qua
the grant of preliminary decree of partition of joint assets mentioned
in amended Schedule I, attached to the amended plaint dated
17.05.2017, there is no use to record evidence and hence a
preliminary decree is hereby passed declaring the parties shall have
1/3rd share each in such joint assets. The properties are more
specifically mentioned in the affidavit dated 29.05.2017 of defendant
No.1 Smt.Neelam Sahgal.
10. Accordingly, Shri Amar Nath, District & Sessions Judge (Retd)
Mobile No.9958697030 is hereby appointed as the Local
Commissioner to suggest the way of division of the joint properties
by metes and bounds and that if such division is not feasible, to
suggest the ways of liquidation of all the assets and division of the
11. proceeds in equal proportion among the parties. The fees of the
Local Commissioner is fixed at `75,000/- to be borne by the parties in
equal proportion, besides expenses. The report shall be filed by the
Local Commissioner within six weeks from today upon visiting the
site and meeting the parties.
12. It is agreed between the parties that none of them on their own
shall transfer, alienate or create any third party interest in respect of
the properties mentioned in amended Schedule - I (supra) till the
period such properties are divided - per the report of the Local
Commissioner and a final decree is drawn.
13. List for report of the Local Commissioner on 1st August, 2017.
YOGESH KHANNA, J
MAY 31, 2017
M
