Delhi High Court
Smt. Kulvinder Kaur Kataria vs Sh. Paramjit Singh Jauhar & Ors on 3 June, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 3rd June, 2022.
+ CS(OS) 626/2017, I.A. 13769/2017 (u/S 151 CPC), I.A. 25/2019
(u/S 151 CPC), I.A. 14428/2019(of the defendant no.1 u/S 151
CPC), I.A. 7831/2020(of the defendant no.1 u/S 151 CPC), I.A.
7832/2020(of the defendant no.1 for modification of Order dated
18th May, 2018), I.A. 10457/2020(of the defendant no.3 for
directions), I.A. 3698/2021(of the defendant no.1 u/O-XXII R-
18(2) of CPC), I.A 3699/2021 (of the defendant no.1 for
modification of preliminary decree dated 18th May, 2018)
KULVINDER KAUR KATARIA ..... Plaintiff
Through: Mr. Nishit Kush, Advocate.
versus
PARAMJIT SINGH JAUHAR & ORS ..... Defendants
Through: Mr. Bahar U. Barqui, Advocate for
D-1.
Mr. Praveen Kapoor and Mr. Swayam
Pahi, Advocate for D-2 and 3.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
JUDGMENT
AMIT BANSAL, J. (ORAL)
1. The present suit has been filed seeking partition of the two properties
bearing No. (i) 16/329, Khajoor Road, Joshi Road, Karol Bagh, New Delhi-
110005 (Khajoor Road property) and (ii) A-11, Nariana Industrial Area,
Phase-I, New Delhi (Naraina property). Both these properties were jointly
owned by Late Shri Ravinder Singh Jauhar and his real brother Harvinder
Bir Singh Jauhar. The said properties were partitioned amongst them vide
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Partition Deed dated 23rd April, 2007, whereby the respective shares of two
brothers were partitioned. Present suit pertains to the share in the aforesaid
properties, which has fallen to the share of Late Shri Ravinder Singh Jauhar,
under the said Partition Deed. The plaintiff and the defendants no. 1 and 3
are the three children and the defendant no.2 is the widow of Late Shri
Ravinder Singh Jauhar.
2. The preliminary decree in the present suit was passed with the
consent of the parties on 18th May, 2018. The terms of the said preliminary
decree are set out as under:
"On the last date of hearing as also today, extensive Court
proceedings with respect to settlement have taken place. Bach of the
parties has understood and has been explained the settlement and all
the parties are agreed to the settlement which is recoded below:-
i. It is agreed and accordingly a preliminary decree is passed
whereby the defendant no. 1 will have 60% ownership interest in the
aforesaid two properties. Plaintiff and the defendant no. 3 will have
20% ownership each in the aforesaid two properties. The defendant
no.2 will get a monthly maintenance of Rs.30,000/- in the ratio of
50% of this amount from the defendant no. 1 and 25% each from
the plaintiff and the defendant no. 3. This monthly maintenance will
be paid by the plaintiff, defendant no. 1 and defendant no. 3, as per
the percentages stated above out of the total amount of Rs.30,000/-,
by the 15th of each calendar month. The defendant no. 2 so far as her
residence is concerned will, in addition to the maintenance amount as
stated above, get either in the property situated at Khajoor Road 1
bedroom, 1 drawing-cum-dining room, 1 kitchen and 1 bathroom on,
the ground floor or the defendant no. 1 will take on rent a flat on the
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RAMOLA
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ground floor in the same area or nearby similar area on the ground
floor of 1 bedroom, 1 drawing-cum-dining room, 1 kitchen and 1
bathroom.
(ii) In case the defendant no. 2 continues to stay in the property at
Khajoor Road, the portion which is now to be allocated to her on the
ground floor will be specifically delineated in terms of a site plan and
this site plan will be filed by the defendant no. 1 in this Court within a
period of eight weeks from today.
(iii) It is clarified that the right of residence of the defendant no. 2 is
only for her lifetime and thereafter the property at Khajoor Road will
fall to the sole and exclusive ownership of the defendant no. 1 subject
of course to the plaintiff and defendant no. 3 getting their 20%
ownership interest in both the properties of the father Sh. Ravindeer
Singh Jauhar.
(iv) It will be open to the defendant no. 2, if she wants to, obtain
separate water and electricity connection with respect to the portion
of the Khajoor Road property which is allocated to defendant no. 2
for her residence.
Decree sheet be accordingly prepared.
4.Adjournment is now given so that the defendant no. 1 can prepare a
site plan with respect to the Khajoor Road property which will be
available, for exclusive residence of the defendant no. 2 which will be
an independent unit with exclusive ingress and egress only of the
defendant no. 2. Defendant no. 1 can also in the meanwhile if it is so
possible for him also look out for a property as stated above which
may be taken on rent for being given for residence of the defendant
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no. 2."
3. On 1st November, 2019, this court appointed a Local Commissioner
so that the property can be divided between the parties by metes and bounds,
as per their shares in terms of the preliminary decree dated 18th May, 2018.
The Local Commissioner has filed reports stating the manner in which the
properties can be divided by metes and bounds between the parties.
4. A series of hearings were held before me, in which the parties were
present in person along with their counsels and the manner of dividing the
property by metes and bounds were deliberated upon. In the hearing held on
13th May, 2022, it was noted that the front portion of the Khajoor Road
property has more value than the back portion, therefore, the party taking the
front portion of the aforesaid property should be willing to give up some
additional area in favour of the party taking the back portion.
5. Today, it has been mutually and amicably agreed between the
counsels for the plaintiff, defendant no.1 and defendant no.3, on instructions
of their respective clients, who are present in person, that:
i. The plaintiff and the defendant no. 3 shall take 25% of the total area
each in the back portion of the Khajoor Road property, whereas the
defendant no.1 shall take the front portion of the said property
amounting to 50% of the total area. The preliminary decree passed by
this Court stands modified to this extent.
ii. In respect of the Khajoor Road property, the parties have jointly
handed over a site plan dividing the said property in the manner stated
above. The said site plan is taken on record as Ex C-1. The portion
shaded in green (50% of the total area) shall come to the share of the
defendant no.1, the portion shaded in yellow (25% of the total area)
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shall come to the share of the plaintiff and the portion shaded in blue
(25% of the total area) shall come to the share of the defendant no.3.
iii. In respect of the Naraina property, the parties have jointly handed
over a site plan dividing the said property between the plaintiff,
defendant no.1 and the defendant no.3, in terms of the preliminary
decree dated 18th May, 2018. The said site plan is taken on record as
Ex C-2. The portion shaded in green (60% of the total area) shall
come to the share of the defendant no.1, the yellow portion (20% of
the total area) shall come to the share of the plaintiff and the blue
portion (20% of the total area) shall come to the share of the
defendant no.3.
iv. The Naraina property is currently in occupation of a tenant. It is
agreed between the parties that with effect from 1st June, 2022, the
proportionate rent in the ratio as indicated above would be paid by the
tenant directly in favour of the parties.
6. A final decree for partition by metes and bound of the aforesaid
properties is passed in terms of the above, leaving the parties to bear their
own costs.
7. Final decree for partition be drawn up, with this order forming part of
the final decree for partition.
8. It is however made clear that this Court has not concerned itself with
the question whether any law or order of the Court or otherwise prohibits
such division of the property by metes and bounds. Accordingly, this order
and the decree in pursuance thereto will not entitle the parties to do
anything, which is prohibited by any other law or order of the Court.
9. The defendant no.1, who is present in person in Court, states that he
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requires some time to hand over physical possession of the portion of the
Khajoor Road property that has gone to the share of the plaintiff and the
defendant no. 3, and is currently occupied by him. He further states that he
may also be given some time to find out alternative accommodation that
may be provided to the defendant no. 2, in terms of the preliminary decree
dated 18th May, 2018 passed by this Court. Till a suitable alternative
accommodation is found by the defendant no.1 for the defendant no.2, the
defendant no.2 will continue to occupy the portion occupied by her in the
Khajoor Road property.
10. For the aforesaid purpose, list on 25th July, 2022.
AMIT BANSAL, J
JUNE 03, 2022
sr
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RAMOLA
Signing Date:06.06.2022
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