Gurdev Singh & Ors v. Jaspreet Singh and Ors

V r > /* * IN THE HIGH COURT OF DELHI AT NEW DELHI DateofDecision:6^^ January,2017 + CS(OS) 966/2008 & lA Nos. 14633/2010, 12144/2016 MR. JASPREET SINGH ANAND AND ANR. Plaintiffs Through: Ms. Gurmeet Bindra, Adv. versus MR GURDEV SINGH ANAND &ORS. Defendants Through: Mr. Jagjit Singh, Adv. + CS(OS) 1340/2009 & lA No. 12280/2016 MS. DAMAN PAL KAUR & OTHERS Plaintiffs Through: Ms. Gurmeet Bindra, Adv. versus MR. IQBALSINGH .....Defendant - : • ;; • ' ' Through: Mr. Jagjit Singh, Adv. + y CS(OS),1677/2010&IA Nos. 10918/2010,13560-62/2013,5492-93/2015, 20900/2015; 24061/2015, 12145/2016 : GURDEY SINGH & ORS Plaintiffs Through: Mr. Jagjit Singh,Adv. versus JASPREET SINGH AND ORS Defendants Through: Ms. GurmeetBindra,Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA .lUDGMENT CS (OS) 966/2008,1340/2009,1677/2010 Page1of31 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. R.K.GAUBA, J (ORAL);

¶1The suit 08(08) 966/2008 (hereinafter referred to as "the first suif) was instituted in May, 2008 by Mr. Jaspreet 8ingh Anand and Mr. Gursimar 8ingh Anand, sons of late Mr. Kultaran 8ingh Anand, (hereinafter referred to as "the plaintiffs of the first suit") initially against four defendants. By way of amendment incorporated later, another defendant was added, thus, bringing in the array five defendants, they being Gurdev Singh Anand, Mr. Iqbal 8ingh Anand,Mr. Surjit SinghAnand,Ms. SaranPal Kaur Anand and Ms. Savinder Kaur Chandhiok, (hereinafter collectively referred to as ""the defendants of the first suit"). It may be mentioned here that first said three defendants are sons of Late Shri Harnam Singh Anand while the fourth and fifth defendantsare daughtersof late Shri Hamam Singh. It may also be addedthatMr. KultaranSinghAnand,whosesuccessors-in -interestare the plaintiffsofthe first suit, was pre-deceasedson ofLate Smt. HarbansKaur wife of Late Shri Hamam Singh.

¶2The plaintiffsofthe first suit, C8(0S)966/2008,soughta decree for partition of the estate left behind by late Smt. Harbans Kaur, it being propertiesdescribedas under:-

(i) PlotNo. 20, Block 7Area 1866.666sq. Yds., situatedin KirtiNagarIndustrialArea, NajafgarhRoad, Delhi;

(ii) 59/7, NewRohtakRoad, NewDelhi;by metesandbounds ^ thereby demarcating the shares of the plaintiffs and defendants and handing over the possession of their sharein saidpropertyto theplaintiffs.

¶3In July, 2009, the above said plaintiffsof the first suit, CS (OS) 966/2008 came with another suit it being CS(OS) 1340/2009(hereinafter CS (OS) 966/2008,]340/2009.1677/2010 ^ r"' /I referred to as "the second suit") now joining their mother Ms. Daman Pal Kaur as co-plaintiff(the first plaintiff),it being a suit for recoveryof Rs. 3,02,18,219/-along with pendentelite and future interest,directed against Mr. Iqbal Singh, son of Late Shri Hamam Singh Anand (seconddefendant in the first suit), the cause of action claimed in the said second suit pertainingto fixeddepositreceiptwhichhad beentakenout by Mr. Kultaran Singh during his life time.

¶4In August, 2010, the five defendants of the first suit (CS(OS)966/2008)jointly filed CS(OS) 1677/2010(hereinafterreferredto as "the third suit") impleading the plaintiffs of the first suit as the defendants,the prayer made therein being for partitionand rendition of accounts in respect of the estate left behind by Smt. Harbans Kaur and late Mr. Kultaran Singh Anand, the properties included therein having been described as under:-

(i) 59/7, New Rohtak Road, New Delhi.

(ii) 7/20, Kirti Nagar, Industrial Area, New Delhi.

(Hi) PROPERTIES IN IRAN a) Shop No. 8, Sharqi, Saadi, Janoobi Jadeed, Tehran. b) Shop No.566 (Old No. 137) Avenue Amir Kabir, Tehran. c) Property known as Damavand Villa, Bhaghal - E-Morgdari Farsian Kalepa, Damavand - Iran. d) Officepremises no.319, 3''^ Floor, PassageKashani Avenue, Amir Kabir, Tehran with Stocks in trade and ' shares of 'company Sherkate Kultaran International Ltd. Said company has 50% share holding in the name of deceased Kultaran Singh. Remaining 50% share holding belonged to Parduman Singh • Chandhiok and Parvinder Singh Chandhiok who are son & grandson ofMrs. Tej Kaur. e) Telephone No. 88836265 and 33391347. (Very CS (OS) 966/2008, 1340/2009, 1677/2010 Page 3 of31 r-\ valuable assets according to Iran). j) BankAccountsin Iran which were operated upon by ShriKultaranSingh (deceased)in Tehranandoutside Tehran which were initially operated upon by Great Grand Father and/or Great Grand mother.

(iv) Flat No.409, admeasuring498 sq. ft. In Lusa Tower at Azadpur, Delhi.

(v) Flat No.TF-01, admeasuring1400 sq. ft. 1/6, 3' Floor, EastPatel Nagar,New Delhi-110008.

(vi) Plot No.G-3/14, DLF Phase-I, Gurgaon (Haryana) admeasuring 500 sq. yds ".

¶5All the three suits as mentioned above were initially contested. Duringthe course of pendency,upon the requestof the parties,they were referredto MediationCentre at Higii Court (Samadhan)for exploringthe possibilityof an amicable resolution of the dispute, under order dated

18.7.2016 of a learned division bench in FAO (OS) 186/2016. The mediation process has resulted in an amicable resolutionof the dispute wherebythepartieshaveenteredintoandexecutedafamilysettlementdated 23" August, 2016 which was submittedby the mediator to the learned divisionbenchin seisinofFAO(OS)186/2016. The learnedcounselonboth sidessubmitthat in view ofthe said settlementreport,FAO (OS) 186/2016 has since been disposedof leavingthe partiesto approachthis Court for appropriateordersin thesecasesin its wake. J

¶6Afterthe settlementreporthad beensubmittedby the mediatorto the ^ learned division bench in FAO (OS) 186/2016, pursuant to the liberty grantedearlier,the learnedcounselrepresentingthe plaintiffsof the third suit has obtained the settlement report along with Family Settlement therewithin originalfrom the file of FAO(OS) 186/2016and broughtthe same on recordofCS(OS)1677/2010. CS (OS) 966/2008,1340/2009,1677/2010

¶7Againstthe above backdrop,joint applicationshave been moved by the parties to the first and third suit on the respectivefiles, they being lA Nos. 12144/2016in CS(OS) 966/2008and lA No. 12145/2016 in CS (OS) 1677/2010. The partiesby these applications,under Order 23 Rule 3 CPC, pray for compromisedecrees to be passed governingboth the said cases affirming interalia thatthe compromisehas been enteredupon out oftheir own free will and volition. The applicationsare supportedby the affidavits of all parties to these suits/Family Settlement/MediationReport. The plaintiffsin the secondsuit, it beingCS(OS) 1340/2009,have come up with another application under order 23 Rule 1 CPC (lA No. 12280/2016) prayingfor the saidsuitto be disposedofas settledin the lightofthe above- ^ notedFamilySettlement,it reflectingthe claimin the said suithavingbeen satisfied.

¶8Pertinentto note herethatin the FamilySettlementdated23 August, 2016, the defendants in the first suit, i.e. CS(OS) 966/2008, have been describedas partiesNo. 1to 5respectivelywhereasthe plaintiffsofthe said firstsuiti.e. CS(OS)966/2008havebeendescribedas partyNo.6 (i) and (ii) respectively. Ms. DamanPal Kaur Anand(firstplaintiffofthe secondsuit i.e. CS(OS)1340/2009)is alsoasignatoryto the saidFamilySettlement,she beingreferredto as the confirmingparty. TheFamilySettlement,interalia, '.mentionsthat the first and thirdsuits had been consolidatedin terms ofthe earlierordersofthis Courtandthereafterare beingtriedtogether,theybeing referredto as "thepartitionsuits".

¶9The settlementterms as set out in the Family Settlementdated 23' August,2016may be extractedas under:- "13. Bothpartitionsuitsare defendedto byparties1to 6. Party CS (OS) 966/2008,1340/2009.1677/2010 ' r"- I V No. 6 set up case in its written statementfiled in CS (OS) No.1677 of 2010 claiming that the individualproperties oj persons(otherthanMrs.HarbansKaur), detailedasfollows, be treatedat par with the propertiesofLate Sh. KultaranSingh. The statuswith regardto the saidpropertieshave been agreed to be as under: Name ofperson Address ofProperty Declaration by the Parties. Mr. Gurdev Singh Anand Industrial Plot bearing no.84, Sector-6, IMT, Manesar, Haryana and construction of factory thereupon. This is individual property of Mr. Gurdev Singh Anand and is not subject matter of Partition. Therefore, no other party herein has any claim over the same. 7« • IqbalSinghAnand Parspex (India) Pvt Ltd., and Harav India Pvt Ltd., at 402, Pragati Tower, Rajendra Place, New Delhi 110 008. This is individual property of Mr. Iqbal Singh Anand and is not subject matter ofPartition. Therefore, no other party herein has any claim over the same. • • 7 • • J ^ IqbalSinghAnand TqhalSinshAnana F-1007, Vikram Tower, 16,^ Rajindra Place, New Delhi 110 008. 1 1/2 East Patel Na^ This is individual property of Mr. Iqbal Singh and is not subject matter of Partition. Therefore, no other party herein has any claim over the same. This is individual CS (OS) 966/2008,1340/2009,1677/2010 Page 6 of31 •V Ground Floor, Main .Road, j Patel Nagar, New Delhi. vroperty of Mr. Iqbal Singh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. Iqbal SinghAnand S-456 Greater Kailash -II, New Delhi. This is individual property of Mr. Iqbal Singh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. IqbalSinghAnand Plot heaing no. M-2/7 in DLF, Phase II, Gurgaon. This is individual property of Mr. Iqbal Singh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. 1" . IqbalSinghAnand KISInternational, 7/20 Kirti Nagar IndustrialArea, New Delhi 110015. This IS sole business concern ofMr. Iqbal Singh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. IqbalSinghAnanai Fiem : D-34 DSIDC Packaging Complex, Kirt : The shares in this i Company are of CS (OS) 966/2008,1340/2009,1677/2010 Page 7 of31 y IqbalSinghAnand Nagar,New Delhi110 015. u b Mr. Iqbal Singh alone and thus the same are not subject matter of the Partition. Therefore, no other party herein has any claim over the same. Plot in Kingsway Camp, New Delhi in the name of HarpreetKaur and alleged to have been jointly purchased by Kultaran SinghandIqbalSingh This is individual property of Mrs. Harpreet Kaur Wife ofIqbalSingh and dispute with respect to this property has been settled between the Mr. Iqbal Singh Anand and Party No. 6 (i) & (ii)- Therefore, no other party herein has any claim over the same. IqbalSinghAnand Twofactoriesin Noida. This is individual property of Mr. Iqbal Singh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. Ms. Saranpal Kaur Anand Realisation of Fixed Deposits amounting to Rs. 22 lacs belonging to Mrs. Harbans Kaur, Gold nrnaments left behind—^ CS (OS) 966/2008,1340/2009,1677/2010 Page 8 of31 This is exclusive property of Ms. SaranpalKaur and is not subject matter of the .1^ .j y IqbalSinghAnand Mrs. Harbans Kaur in the custody of Ms. Saranpal Kaur. Plots in Ludhiana Partition. Therefore, no other party herein has any claim over the same. This is individual property of Mr. Iqbal Singh and is not subject matter of the Partition. Therefore, ' no other party herein has any claim over the same. Mr. Surjit Singh Anand G-3/17 DLF, Phase I, Gurgaon,Haryana This is individual property of Mr. SurjitSingh and is not subject matter of the Partition. Therefore, no other party herein has any claim over the same Ms.Savinder Kaur Chandhiok Propertiesat B-110, Sector 18, Noida. Ms.Savinder Kaur Chandhiok SagarRatnaR-1, Sector15-C. Gulmohar Commercial CS (OS) 966/2008.1340/2009.1677/2010 This is individual property of Mrs. Savinder Kaur Chandhiok, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. This is individual property of Mrs^ Page 9 of31 Complex,Noida < j Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. Ms.Savinder Kaur Chandhiok Shop 28-A, CSC -5, (DDA-Gole Market), behindAkash Kunj Society, Sector 9, Rohini. This is individual property of Mrs. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. • 7 • • Ms.Savinder Kaur Chandhiok Restaurant by the name of "Dwarka" at 3F, Ground Floor,KamlaNagar,Delhi. This is individual property of Mrs. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. . 7» * r Ms.Savinder Kaur Chandhiok '• Restaurant by the name oj "Bercos" at Baratghar, Sector 12, Noida, U.P. f This is individual , property of Mrs. Savinder Kaur, her husband, sons and CS (OS) 966/2008,1340/2009,1677/2010 Page 10of31 / y Ms.Savinder Kaur Chandhiok Residential Flat at Sector 43, Noida, U.P. I^T their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. This is individual property of Mrs. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. Ms.Savinder Kaur Chandhiok Industrial Plot in Food Court, Rai at Haryana. This is individual property of Mrs. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same. Ms.Savinder Kaur Chandhiok Shop No. 1,2, 3, 17, 19 -25 in Town Park in Faridabad, (Haryana) CS(OS)966/2008,1340/2009,1677/2010 This is individual property of Mrs. SavinderKaur, her husband, sons and their companies and Firms. This is Page 11 ofSI Ms.Savinder Kaur Chandhiok Two Restaurants in Rohini (detailsnot known). not subject matter of the Partition. Therefore, no other party herein has any claim over the same. This is individual property of Mrs. Savinder Kaur, her husband, sons and their companies and Firms. This is not subject matter of the Partition. Therefore, no other party herein has any claim over the same.

¶14That with respect to the properties left behind by Late Sh. KultaranSinghAnand, thepartieshavesettledas under-Tenanted Shop no.8 Sharqi, Janoobi Jadeed, Tehran,Iran Saadi, Correct address as under-TenantedShop bearingno. 66 &85/1 at street Saadi, Janoobi Jadeed, Passage 14 Masoom,Block206, Tehran,Iran CS(OS)966/2008,1340/2009.1677/2010 It is agreed that Party Nos.l to 5 shall have no ownership or inheritance right on the said property and same shall exclusively belong to Mrs. Daman Pal Kaur Anand and Party No. 6 (i) and (ii). However, as per the adjustment of the accounts,the PartyNo. 6 (i) and (ii) undertake to pay money equivalent to 1/6" share of the sale proceeds of the said shop to Party No.3 (Mr. SurjitSingh). The said money shall become Page 12 of31 A; CS(OS)966/2008.1340/2009,1677/2010 Oi payable at the time ofsale ofsaidshop in Iranor upon sale of 7/20 Kirti Nagar, IndustrialArea, New Delhi, whichever is earlier. It is agreed that the sale ofthe aforesaidshop at Iran shall be undertaken by Mrs. Daman Pal Kaur Anand and Party No.6 (i) & (n) only supervision/know how of the MediatorMr. Ravinder Singh Chandhiok. It is clarifiedthatthe PartyNo.3 shallhave no say in the sale of the said shop and will have righton the 1/6' share ofthe saleproceedsonly. It is further agreed that upon saleofthe aforesaidshop at Iran, PartyNo.6 (i) and (li) and Mr. Ravinder Singh Chandhiokshall inform the Party No.3 (Mr. Surjit Singh) about said sale and the sale consideration amount shall be paid Immediately upon the said sale transaction. To facilitate the ownership/ inheritanceright upon Mrs. DamanPal Kaur and Party No.6 (i) and (ii), the Party no 1 to 5 at the time of executionofthis Settlement have executed and handed over the___j:^BB^ Page 13 of31 4: Tenanted Shop No.566 (Old No.137) AvenueAmirKabir, Tehran documents including NOC in their favour. Thispropertyhas been sold by Mrs. Daman Pal Kaur Anand and parties 1 to 5 agree that theirshare in the sale proceeds of the said property stands accounted for and adjusted amongst the parties to

¶6Therefore,Party No.l to 5 now have no claim whatsoever on the sale proceeds of the said property. hearing no. 1343, Bhaghal - E-MorgdariFarsianKalepa,Damavand-Iran. As per the settlement, this property shall exclusively belong to Mrs. Damanpal KaurAnandandPartyNo.6

(i) and (ii). This is not subject matter ofpartition and accordinglyPartyNo.1 lo have no claim whatsoever on this property. Office premises no.319, 3 Paisage KashaniAvenue, Amir Kabir. mran with Stoclcs in trude and^shares If company Sherkate KuUaran LrmtionalLtd Said company has 50% share holding in the name of deceased Kultaran Singh 50% share holding belonged to Parduman Singh Chaftok and ParvinderSingh Chandhiok. CS(OS)966/2008,1340/2009,1677/2010 Uf "J-r . As per the settlement, this property including the shares in the company 'Sherkate Kultaran International' Ltd., shal exclusively belong to Mrs. DamanpalKaur Anandand PartyNo.6 (i) and (li). This \ is not subject matter oj partition and accordingy Party No.l to 5 have no claim wha^ever__o]lJBl-Page 14 of31 Telephoneno.88836265and33391347. Bank Accountiln Iran which were operated upon hy Shri Kultaran Singh(deceased)in Tehran and outside Tehran which were initially operated upon by GrandFatherand / or Grand mother \1 property and in the above named company. These telephones do not belong to the Party no. 6. This is not subjectmatterof partition. Party no. 6 (i) and (ii) do not have knowledge of the bank accounts that belonged to their Grand Father or Grand Mother, which were operated by Late Shri Kultaran Singh. However, as per the settlementhenceforthParty No.l to 5 have no claim whatsoever on these bank accounts. FlatNo.409, a^asuring 498 sq.ft. in Lusa ToweratAzadpur,Delhi. 'X^'J^^he settlement, this property shall exclusively belong to Mrs. Damanpal Kaur and Party No.6 (i) and (ii). This is not subject matter of partition and accordinglyPartyNo.1 to 5 have no claim whatsoever nn this property. -yi^f;;^;W^0l7admeasuringMOO sq. ft 1/6, 3'^ Floor, East Patel Nagai, New Delhi-110008. CS(OS)966/2008,1340/2009.1677/2010 As per the settlement, this property shall exclusively belong to Mrs. Damanpal KaurAnandandPartyNo.6

(i) and (ii). This is not subject matter ofpartition and accordinglyPartyNo.l to have no claim whatsoever on this property. Page 15 of31 CS (OS) 966/2008.1340/2009,1677/2010 Plot No.G-3/14, DLF Phase-I, Gurgaon (Haryana) admeasuring500 sq. yds n/ Thisproperty stands sold by Mrs. Daman Pal Kaur Anand and Party No.6 (i) and

(ii). As per the settlement, it is agreed that the sale proceeds thereof exclusively belong to Mrs. Damanpal Kaur and Party No.6 (i) and (ii). This is not subject matter of partition and accordingly Party No.1 to have no claim whatsoever on this property or the sale proceeds thereof.

¶15Daman Pal Kaur Anand as ConfirmingParty to this Settlement has undertakentoparties 1 to 5 that:

i) She isfullysatisfiedofthepartitionofestatein termsofpresent Settlement;

ii) She shall not lay any claim againstparties1to 5by way of successionand/orunder the headofjointfamilyand/or under any otherbasisany claim in anypartofestateofMrs. Harbans Kaur or Mr. Harnam Singh. Hi) She confirms the settlementworked out by her two sons who are partyNo. 6to this settlementand confirmsthattheirentire familyis leftwith no claimsofany nature,qua anyproperty on am, basis whatsoever except for the properties 59/7 New Rohtak Road and 7/20 Kirti Nagar as detailed hereunde, Presentsettlementbrings an end to all claims ofthefamiy oj deceased Kultaran Singh.

iv) She confirms that all appropriation/adjustment by way of moneyreceivableorpayableby and betweenparties1to 6is acceptableto her as well Appropriationoffunds brings an Page 16 of31 r end to all issues concerning amounts / money payable or receivablebyparties 1 to 6quaeach other. PARTIES1 TO 6 HAVEMUTUALLYSETTLEDAMONGSTTHEMSELVES FOR PARTITIONOF PROPERTIESDETAILED HEREINAFTER WITH SPECIFICNARRATIONOF THEIRSHARE.SALEANTt APPROPRAITION OF FUNDS. WHETHER RECEIVABLE OR PAYABLE AMONGST PARTIES 1 TO 6. Finallydetails ofpropertieswhereinparties 1 to 6 narroweddown issuesofsuccessionto estateofLate Mrs. HarbansKaur and that of LateMr. KultaranSinghare detailedhereinafter(whereinparties1to 6 have their unity of title and possession). Properties which are mutuallyagreedforpartitionamongstparties1to 6are asfollows: Sr.No. L Properties details 59/7, New RohtakRoad, New Delhi 110 005 havingarea of land underneathadmeasuring551 sq. yds, registeredin the nameofMrs. Harbans Kaur. a) All thepartieshaveagreedthattheyhaveequalundivided share i.e 1/6"'each in the aforesaidproperty. b) Thesaidpropertyis afamilypropertyandPartyNos. 1to 5 do not want to sell it but want to retainthe same as the residential house of parties No.l to 5 and^ shall be redevelopedfor their use. The Party No. 6 (i) and (li) have agreedto the saidproposalofthe PartyNos.1to 5 on the assuranceand representationofthe Party Nos. 1 to 5 that fi-om the sale proceeds of 7/20, Kirti Nagar IndustrialArea, New Delhi, receivedby the PartyNos. 1 to 5 they willpay the marketvalueofthe shareownedby Party No.6 (i) and (ii) in 59/7, New RohtakRoad, New Delhi 110 005. c) Party no. 6(i) &(ii) have agreed that upon receiptof theirsharemoney in 59/7, New RohtakRoad. New Delhi 110 005, they will execute the requisite document includingRelinquishmentDeed in favour of the Party j^os. 1to 5or theirnomineeas advisedby them. CS(OS)966/2008.1340/2009,]677/2010 Page 17of31 y d) Parties 1 to 6(i) and (ii) shallmake applicationwithMCD for approvalofbuildingplanswhichplansshallbe signed by parties1 to 6 (i) & (ii) andsubmittedwith MCDfor approval. e) Afterapprovalofbuildingplans, each ofthefiveparties ( 1 to 5) shall contributefor raisingof structurefollowed byflooT^isedivision/allotmentby drawoflots. PartyNos. 1 to 5 have agreedand assuredthe party No.6 that they will commence the construction at 59/7, New Rohtak Road, New Delhi 110 005, only after Party No.6 (i) and

(ii) are paid their 1/6"^share in the saidpropertyout of saleproceedsof 7/20, Kirti NagarIndustrialArea, New Delhi. Further, Party Nos. 1 to 5 have agreedthat they shall commence the work of developmentat 59/7, New RohtakRoad, New Delhi within next six monthsfrom the dateofsaleofthe aforesaidIndustrialPlot. f) All the partieshave agreed to maintainstatus quo with respect to the constructionand ownershiprights in the aforesaid property till implementation of the above settlement.It is specificallyagreed that no party shall carry out any unauthorizedconstruction on the said property or create any third party rights till implementationofthisAgreement. g) Afterallotmentofrespectiveportion/floor/share in the property,parties(lto 5) shallbefree to negotiatefor inter se bidding. h) Party No. 6shall have no right to sell or transfertheir shareto any outsiderwithoutpreviouslyofferingthe same toparties1to 5, subjectto beingpaidtheirsharevalueas mentioned above.

i) All the parties within one month of execution of this Settlementshall apply to the appropriateauthorityfor mutation/substitutionof their names in the records. The expense for said mutation/substitutionincluding any CS (OS) 966/2008,1340/2009,1677/2010 Page 18 of31 r

¶2d^d/fees rais^^dhyl^oncernedauthority, before allowing the said application ^f the parties shall be borneequallyby all thepartiesi.e 1/6 each. This will be to ensurethatthe titleofthepartiesto thesaidpropertyis marketableand isfreefrom all legalimpediments.

i) That since the saidpropertyis on leaseholdbasis, all parties within one month ofexecutionof this settlement shallapplyfor conversionofthe aforesaidpropertyfrom leasehold into freehold Each of the six parties shall contribute.towards conversionfee of aforesaidproperty from leasehold to freehold, includingfor any statutory demand mised by the authoritieswith respect to said conversion.All the parties have agreed to appoint Mr RavinderSingh Chandhiokas their Mediator would cany out the process of conversion of leasehold to freehold. k) OriginaltUle documentsofpropertyno. 59/7NewRohtak Road, New Delhi are in custody and control of Mr. 8666rsq yds..Saidproperty-isregisteredin the name of late Smt. HarbansKaur. Propertyis on perpetualleasehold basis. .) ThePartyNo.I(Mr. GurdevSingh)hm declaredto all ^ ler ZieshereinthaiaGift Deed executedby that the saidGijtDeedaaiea c,,jUReQistrar of reglitered with ^ . registration no. Assurances on J425 on CS(OS)966/2008,1340/2009,1677/2010 Page 19 of31 declared that this settlement shall have overriding effecton the saidGiftDeedexecutedin hisfavour. This declarationofMr. GurdevSingh is acceptedby all the remainingparties to this Agreement, to give effect to andfor implementationofthis settlement. b) Mr. Gurdev Singh has further declaredthat he shall submit necessary declaration, indemnity bond, undertakingor such other documentcalledfor by the officeofthe L& DO, to cancelthe mutationin his name which was carriedout, in pursuanceto the said Gift Deed. c) In view ofabove, it is agreedthatall thepartiesherein have equal i.e 1/6'^ share in the aforesaidIndustrial Plot comprisingofthe buildingand land underneath admeasuring1866.66Sq. Yards. d) The said property was previously let out to tenant. Afterrecoveryofvacantpossessionsame is leasedout (withpriorpermissionofDelhiHigh Courtgrantedin CS (OS) No. 966of2008)tq M/sSamaraIndiaPvtLtd e) Monthlyrentrealizedfrom the groundfloorofthe said propertypaid by M/s SamaraIndia Pvt Ltd., is about

5.75 lacs per month, which is distributedamongst parties1to 6. Thesaidleaseis continuingTheparties haveagreedto continuewith the saidleasedeedtill the saidpropertyis sold. f) The said lessee has depositedthe securityamount in the Hon-ble High Court ofDelhi at New Delhi The partieswillfile an appropriateapplicationfor release of the interest amount earned on the said tDKs, ij released, mil be handed over to the Mediator Mr. RavinderSinghChandhiokwho will depositthe same with the office of the L& DO as fees for mutation/conversionof the said industrialplo from CS(OS)966^2008,1340/2009,1677/2010 Page 20 of31 g) h)

i) j) /I lease hold tofree hold. y4// /'/ze parties within one month ofexecutionof this Settlementshallalso apply to the officeofthe L& DO for mutation/substitutionoftheirnamesin the records. The expensefor said mutation/substitutionincluding the demand/fee raised by the concerned authority, before allowing the said applicationof the^parties, shallbe borneequallyby all thepartiesi.e 1/6 each. PartyNos. 1to 6have agreedthat they shallpay and clearall the dues andcharges,as leviedanddemanded by the concernedauthoritiesandshallmake clearand marketabletitlefreefrom all legalimpediments. Since the saidpropertyis leasehold, thereforeall the parties^within one month of their applicationjor mutationbeing allowed, shall applyfor conversionof the aforesaidpropertyfrom leaseholdmtofreehold. If the amount^requiredfor conversionis more than the amount of interestreceivedas mentionedabove, then each ofthe sixpartiesshallcontributeequallytowards conversion of aforesaidpropertyfrom leasehold to freehold Further, all the partiesshall also contribute equallytowardsany otherstatutories. AftermutationanddepositofconversionchargesDeed ofconveyanceshallbegotexecutedinfavourofparties I to 6 themselves and/or in the name ofproposed transferee(ifpermissiblebyparamountLessor). k) The parties mil try to sell the aforesaidproperty (leaseholdorfi-eeholdas the case may be) giving the bestprice. Propertyon beingsoldshall transferredbydueexecutionofsaledeed/^ansferdeed in favour ofpurchaser/transfereeby herein upon receiptof their respectiveshates. A the time ofsale of the property, if the prospective uy wants the vacantvossessiovnfiheentireproperty^ CS(OS)966/2008,1340/2009,1677/20}0 /f { the PartyNos. 1 to 5 have agreedthat they willget the possession of the First Floor of the said property vacatedfrom their tenant(s). I) All thepartieshave agreedto maintainstatusquo with respectto the construction,possessionand ownership rights in the aforesaidpropertytill implementationof the above settlement.It is specificallyagreed that no partyshallcarryout any unauthorizedconstructionon the saidpropertyor create any thirdparty rights till implementationofthisAgreement. m) It is agreedthat beforeenteringinto an Agreementfor sale with respect to the aforesaidIndustrialPlot, the market value for the property at 59/7, New Rohtak Road, Delhiwill be ascertainedwith mutualconsentof all thepartieshereinso as to determinethe 1/6""share money that will becomepayable to the Party No.6 (i) and (ii) towardstheirsharein 59/7, New RohtakRoad, New Delhi. Upon receiptoftheirsharemoney in 59/7, New RohtakRoad, New Delhi, PartyNo. 6 (i) and (ii) shall executerequisitedocumenttherebyrelinquishing their respectiverights, title, interestandpossessionin the saidpropertyinfavour ofthe PartyNo. 1 to 5 or their nominee as advised by them. n) If the parties, are unable to agree on the buyer to whom the said property is to be sold and/or with respect to the implementationof this settlement a dispute arises amongst the parties herein, then the same shall he first referred to the Mediator Mr. RavinderSingh Chandhiok. o) Onpaymentofamounts,as detailedabovewith respect to the both thepropertiesi.e 59/7, New RohtakRoad New Delhi 110 005 and 7/20, Kirti Nagar Industrial Area, New Delhi, the issue of partition of estate belonging to Late Mrs. Harbans Kaur shall stand finalizedandsettled. CS(OS)966/2008,1340/2009,1677/2010 Page22ofSI

¶4'Otiginal title documents ofproperty no. 7/20 Kirti Nasar IndustrialArea, New Delhi, are in custodyand conti^olofMr. IcjbalSingh. At the time ofsale ofsaid property, original documents shall be shown to the prospectivebuyer. House tea payment with respect to the property no. 7/20, Kirti Nagar IndustrialArea, New Delhi, as depositedby the partieshereinare in theirpossession respectivelywhichshallbeproducedandshownto the prospectivebuyer, ifany. ^ - TenantedShop No. 137 Amir Kahir Street whichshop has been soldout by DamanpalkaurAnandSaid saleproceedsare accountedfor. After taUng into account valueofsaleproceedsofthe saidpropertyandadjusmentof the same againstthepayablesby the otherpartiesherein to party6(i) and (ii), now nothingispayableby thePartyno.6 and theirmotherMrs. DamanPal Kaur to PartyNos. I

¶5Withthis thepartitionofsaidshopstandssettled , •Sh^f^^^dij^bi, Tehran (Iran) DossessionofSixth Party. It is agreedthat PartyNos.l to shall have no ownership or inheritanceright on the said propertyand same shall exclusivelybelong to Mrs. Daman thatthesaleofthe aforesaidshopatIransjm by Mrs. Daman Pal Kaur Anand and PartyNa6Ji)^^U S rr -rr - 'C (r:'JlIZZlMr.Ravin^mtCh^^ CS (OS) 966/2008.1340/2009,1677/2010 Page23of31

¶6"inform'the'PoH^o.S(MrSmji^gh)aboutsaidsale and thesaleconsiderationamountshallbepaidimm^ediatelyupon the said sale transaction. To facilitate ^he ownership, inheritancerightupon Mrs. DamanPalKaurandPartyNo^

(i) and (ii), thePartyno. 1to 5at the timeofexecutionofthis Settlement have executed and handed over documents including NOC in their favour. With this arrangement, the issue of partition of said^^ shop stands finalized and settled ^^ r 'mf^Mumbaiwhich ceases to existfor which the value is workedout 'by PartyNo.l Sh. GurdevSinghfor purposes distributionofits saleproceeds,whichhas been acceptedby alltheotherparties, nus thesaidsaleproceeds to the said property stands Accordingly now nothing is payable by Party No.I/S . GurdevSinghto any otherPart^he^ — ^A/ Delhi-l10006, oppositeMinervaCtnema,which is a tenan nrlrty in the name of Gurdev Trading Company PartnershipFirm). Tenancyofsaidshopcannotbe disturbed Disturbanceoflandlord-tenantrelationshipcan result into l^Zgtenaniyrightstosaidshop Ther<fore.tenancyngto aTconferredeldusivelyon Sh. Gurdev Singh who shaU exclusivelyenjoy tenancyrightsandpossessionand free to run his businessfrom thesaidshop. =v?:« No.1 respectto saidsho]?. CS(OS)966/2008,1340/2009,1677/2010 Page24 of31 if the parties herein. Accordingly, henceforthparties hme "ojlam whatsoeveragainsteachotherwithrespectto the same. Thesettlement and adjustmentofsaidaccountsshallnot he openfor any question g or challengenow or lateron by anypartywhatsoever. C ThePartyNo. Iat tlw time ofexecutionofthis Agreement,has handedover the selfattested/certifiedphotocopy ofthe vronertyat 59/7New RohtakRoadDelhi and 7/20 Kirti Nagar, iZ'TArl. Delhi,so as to enablethem to lookforabuyer. Also. the originalhave beenshownto thePartyNo.6. successionofanypart ofestate. F PartyNo. 1to 5agreethattheyhaveno righton the estateleft behindby LateSh. KultaranSinghAnandin IranandIndiaand hankaccountsanywhere. K Accordingly,parties-have agreed entire litigationin.thefollowingmanner. Detailsof the Co are asfollows: S. No.

¶1Particulars 'S^dffbr^a.rtition CS (OS) 966/2008 CS(OS)966/2008,1240/2009,1677/2010 Name &place ofCourt claiming partition of property No. 59/7, New RohtakRoad and 7/20KirtiNagarIndustrialArea, New Delhi. Suit filed by Party No. 6 (i) and (ii) againstparties 1 to 5. JointApplicationwill befiledfor passingofthe decreein terms of this settlement. Page25of31

¶2Suit for pai tition - CS

(OS) No. 1677/2010 Suitfor recoveryof money against Sh. Iqbal Singh only registered as CS

(OS) 1340/2009. Delhi High Court, New Delhi claimingpartition of estate left behind by late Mrs. Harbans Kaur and late Sh. Kultaran Singh Anand. JointApplicationwill befiledfor passingofthe decree in terms of this settlement. Delhi High Court, New Delhi wherein Mrs. Daman Pal Kaur and Party No. 6 (i) and (ii) have alleged that though Mr. Iqbal Singh was the nominee in the suit FDRs, yet the money belonged to Mrs. Daman Pal Kaur and her sons. The said suit filed against Sh. Iqbal Singh is for recoveryofRs. 2 crores odd amount with interest. Plaintiffs(Mrs. Daman Pal Kaur and Party no. 6 (i) and (ii) in said suit shall get their statement recorded that their claim stands fully satisfiedand hence suit be ordered to be dismissed as withdrawn. Complaint is laid by Mrs. Damanpal Kaur Anand and party6 (i) and (ii) againstIqbal Singh for the FDRs which are subject matter ofCS (OS) 1340 of2009. Statementshall be made by all complainants in the Court that their claim standsfully satisfied and hence complaintbe ordered Complaintcase u/s 406IPC against Sh Iqbal Singh Anand before the Court of Sh. Satvir Singh Lamba, MM, Patiala House, New Delhi. CS (OS) 966/2008,1340/2009,1677/2010 Page 26 of31 #

¶5Civil Suit for declaration, perpetual and mandatory injunction entitled as Gurdev Singh Anand and Ors. Vs. Damanpal Kaur pending before Ms. Jogendri Civil Judge, Gurgaon wherein transaction of sale of 1/4'^ undivided share and joint possession qua plot No. G-3/14 DLF Phase I, Gurgaon has been impugned by Parties 1 to 5. Complaint case entitled as Gurdev Singh and Ors. Vs. Daman Pal Kaur Anand and Ors. pending in the Court of Sh. Harvinder Singh, MM, Patiala House Courts, New Delhi wherein Party No. 6 and Daman Pal Kaur Anand have been summoned as CS(OS) 966/2008,1340/2009,1677/2010 to be dismissed as withdrawn. Suit is filed before the Civil Court at Gurgaon. Declaration is sought that Damanpal Kaur Anand, Jaspreet Singh Anand and Gursimar Singh Anand did not have any right or title or authority or competence to transfer joint title and possession in respect of plot No. G-3/14, DLF Phase I, Gurgaon to Master Promoters Pvt Ltd. for the undivided share and possession of Mrs. Harbans Kaur whose LRs are parties 7 to

¶5Statement shall be made by Plaintiffs that the suit claim stand settled and accordingly be dismissed as withdrawn. Parties to shall make statement in the Court that in view of the fact that they have settled their disputes, therefore complaintcase be ordered to be dismissed as withdrawn. Page 27 of31 r r

7.

¶8accused under section 415/420 IPG. Givil Suit for declaration, injunction and other relief pending in the Gourt of Mohd. Farukh, ADJ, Dwarka, New Delhi entitled as Gurdev Singh and Ors vs. Daman Pal Kaur Anand and Ors. registered as Suit No. 377/2016. Appeal filed before the Division Bench against orders dated

25.4.2016 passed by Ld. Single Judge of Delhi High Gourt who declined to transfer said suit from the Gourt of Mohd. Farukh, ADJ, Dwarka to that of Delhi High Gourt for being tried along with GS

(OS) No. 1677 of 2010 and GS(OS) No. 966 of2008. Parties to shall make statement that they withdraw their claims against Defendants, in view of the settlement. Suit be dismissed in terms ofsettlement. Party nos. 1 to 5 who havefiled this appeal before the Division Bench, shall withdraw said appeal, in view ofthesettlement. Gomplaint Gase laid by Sh. Gurdev Singh and others Party No. 1 to 5 have agreed that they will drop Mrs. Daman Pal Kaur Anand and Party No. 6 CS(OS)966/2008,]340/2009,1677/2010 f againstpartyNo. 6 pending before Ld. MM at Tis Hazari, Delhi. complaint case. settlement,such cases shall ^ , document,such courtcase recordedin this document. ^ be'declaredthat the on beingdiscoveredshall cr— anypropertywhatsoever. H. Party 6 ha.e litigation expenses,which w, lbe ™J ^rs. of this Family Settlementjth respect o he IshwariDevi on the ground JJ control Tribunal and Control Act, pending currently before Rent Cont^^ Delhi High Court. Party os. about the litigation expenses 'SrHs -'- '^^xpensesarenotto he contributedbyPartyNo.6. , Ml the parties have a7:Mr"'::^e Affidavit/UndertaUn^Rdmil^hm documentinfavourofthe ^ ^ to completethe task party, to givefull effectto -bove;e'lem^"[Z,"f parties as of implementationwith respect to the rign j determined herein. l All Parties documents including ^ execution of this ssr'CiS-Xf" — for thepropertiesthatstandtransferred CS (OS) 966/2008.1340/2009,1677/2010 Page29of31 r. K. All the parties have agreed that they shallfully implementall the terms and conditionsofthis Familysettlementon or before31 July, 2018. L. Presentsettlementis arrivedat betweenthepartiesvoluntarilyout.of theirfree willandaccordandwithoutanypressurefrom any quarter. Parties1 to 6have agreedto appointMr. RavinderSingh Chandhok S/o Mr. GS ChandhokR/o B-39 GreaterKailashPart-l New Delhi-110048, as the Mediatorto assistthepartiesherein to implementthe terms ofthepresentMemorandum. M. Parties confirm that the terms ofsettlementarefully understoodby each of them and in token of confirmationof its correctnesshave signedandlaidtheirhandson this document . ,

13.. The report dated 23"" August,2016 of the Mediatorsummarisesthe resultofthe variouscasesin whichthe partieshave been engagedincluding the three cases mentionedabove upon the SettlementReport and Family Settlementbeing acceptedand made rule of the Court. The partiesto the above-mentionedcases are presentwith their respectivecounsel and upon beingaskedconfirmedthattheyhaveenteredintothe settlementwithoutany pressureor unduecoercion.

¶14Havinggonethroughthe recordandhavingheardall sides,thisCourt is satisfiedthatthe Settlementhas been arrivedat by the partiesoutoftheir > own free will and volition. In thesecircumstances,the prayersmademthe m-threeapplicationsmentionedabovedeserveto be granted, ' Thus, the first and third suit referredto above, they being CS(OS) 966/2008and CS (OS) 1677/2010,are decreedin terms of the settlement mentionedabove. The secondsuit,it beingCS(OS)1340/2009.is disposed of as settled/satisfiedin view of the Family Settlementrefeiredto above. All partiesshall remain bound by their respectiveundertakingsunderthis Page 30 of31 CS(OS)966/2008,1340/2009,1677/2010 V V Settlement. The parties are left to bear their own costs. The Family Settlementand the SettlementReport have been marked as Ex.PA and Ex-PB respectivelyand shall form partofthe judgmentand decreein each case. The court fees in these three cases shall be refiindedin accordance with law/rules.

¶16It is made clear that this judgmenthas been passed on the file of CS(OS) 1677/2010and shallgovernthe two othercasesthey beingCS(OS) 966/2008 and CS(OS) 1340/2009. the registryshall place copies of this judgmenton the saidrespectivefiles.

¶17The pending applications,on the file of these cases are rendered infixictuous and disposed of accordingly. The parties may move such appropriateapplicationsor take out such further proceedingsas may be '^icessaryto effectuatethe settlementarrivedat. JANUARY 06, 2017 nk CS(OS) 966/2008,1340/2009,1677/2010 .K.GA1XBA, J Page 31 of31