Mrs. Maya Devi v. Mahesh Kumar and Others

RAJIV SAHAI ENDLAW, J. OCTOBER 23, 2019 "gsr"..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd October, 2019 + CS(OS) 1502/2009 MAYA DEVI ..... Plaintiff Through: Mr. Deepak K. Vijay & Ms. Neeru Sharma, Advs. Versus MAHESH KUMAR AND ANR. ..... Defendants Through: Mr. Pradeep Desodya, Adv. for Mr. Amandeep Singh, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.14874/2019 (of the plaintiff for declaring the settlement dated 27th January, 2014 as void and for restoration of the suit) and IA No.14875/2019 (of the plaintiff for condonation of 365 days delay in applying therefor) 1. The counsel for the applicant / plaintiff has been heard. 2. The applicant / plaintiff instituted this suit, for (i) cancellation of Gift Deed dated 17th May, 2008 in respect of property bearing No.E-1/82, Second Floor, Lajpat Nagar, New Delhi executed by the applicant / plaintiff in favour of defendants no.1 and 2; (ii) declaration of the applicant / plaintiff as owner of the said property; and, (iii) restraining the defendants no.1 and 2 from dealing with the property. 3. It was the case of the applicant / plaintiff in the plaint, that (i) the applicant / plaintiff is an illiterate lady and does not know English language; (ii) the defendant no.1 is the son of the applicant / plaintiff and the defendant no.2 is the wife of the defendant no.1; the defendants no.3 and 4 are the mother and brother respectively of defendant no.2; (iii) the defendants no.1 and 2 were contemplating to go abroad and for the purpose of getting visa were required to show themselves as owner of some property to the Visa Authority; (iv) the applicant / plaintiff, with the permission and consent of her son and daughters, agreed to help the defendants no.1 and 2; (v) the defendants no.1 and 2 along with the plaintiff went to the deed writer and the applicant / plaintiff had given instructions to the deed writer to make documents pertaining to co-ownership of the property; (vi) the documents prepared were registered with the understanding that the same are co-ownership documents; (vii) subsequently it came to the notice of the applicant / plaintiff that the documents got executed and registered from the applicant / plaintiff were not co-ownership documents but of absolute gift of the said property to the defendants no.1 and 2; and, (viii) the applicant / plaintiff however continued to reside in the property along with defendants no.1 and 2. 4. The suit aforesaid came up before this Court first on 19th August, 2009, when while issuing summons / notice thereof, status quo qua the property aforesaid was directed to be maintained. 5. Vide order dated 18th November, 2013 issues were framed in the suit. 6. On 27th January, 2014 the following order was passed in the suit: "Counsel for the parties submit that the defendant no.3 be deleted from array of parties. Ordered accordingly. Parties are present in court and they are duly identified by their respective counsel. Parties submit that they have entered into an amicable settlement and pray that the present suit may be decreed on the following terms: (i) The Gift Deed dated 17.5.2007 in respect of property bearing No.E-1/82, Second Floor, Lajpat Nagar, New Delhi, in favour of the defendants no.1 and 2, be cancelled and declared as null and void. (ii) It is agreed that the plaintiff out of her own free will and without any pressure and coercion agrees that a decree may be passed in favour of defendants no.1 and 2 for 50% undivided rights in the property bearing No.E-1/82, Second Floor, Lajpat Nagar, New Delhi. (iii) It is agreed that since the property being No.E-1/82, Second Floor, Lajpat Nagar, New Delhi, cannot be divided by metes and bounds, the property will be sold mutually by the parties (plaintiff on the one part and the defendants no.1 and 2 on the other) and the sale proceeds will be divided equally. (iv) It is agreed that the shop bearing No.JB-1 (lower ground floor), Gupta Colony, Khirki Extension, Malviya Nagar, New Delhi -110 017 shall be the excl