Delhi High Court - Orders
Anand Tandon vs Dr J K Tandon & Ors on 6 May, 2024
Author: Sachin Datta
Bench: Sachin Datta
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 481/2018 and CM APPL.48967/2023
ANAND TANDON ..... Appellant
Through: Mr. Abhishek Puri and Mr. Sahil
Grewal, Advs.
versus
DR J K TANDON & ORS ..... Respondents
Through: Mr. Ashish Verma, Mr. Kartikey
Bhargava and Ms. Salonee Keshwani,
Advs. for R-1 to 5.
Mr. Ravinder Singh and Ms.
Raveesha Gupta, Advs. for applicant
in CM-14082/2024.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 06.05.2024 CM APPL.1716/2024 (u/O 22 R 4 to bring on record the LRs of deceased respondent No.3/Ms. Sarla Seth)
1. This is an application filed under Order 22 Rule 4 r/w Rule 11 and Section 151 CPC to bring on record the LRs of deceased respondent No.3/Smt. Sarla Seth.
2. It is undisputed that late Smt. Sarla Seth has left behind the following legal representatives:
a) Mridul Seth r/o J 3/34 2nd Floor, DLF City 2 Gurgaon
b) Malvica Seth r/o C 5/13 Vasant Kunj New Delhi 110070.
3. Both the above legal representatives are represented by respective counsel.
4. Although inter-se disputes exist between the aforesaid legal heirs as to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:57:46 their respective entitlement, inasmuch learned counsel for Ms. Malvica Seth relies upon a will of Smt. Sarla Seth, which is disputed by Mridul Seth, there is no controversy that there are no other legal heirs apart from the aforesaid.
5. In the circumstances, without going into the issue of respective entitlement of the aforesaid legal heirs at this stage, the present application is allowed.
6. The above-mentioned legal representatives of late Smt. Sarla Seth are brought on record. Let an amended memo of parties be filed by the appellant within a period of one week.
7. The application stands disposed of.
CM APPLs.2255/2024 (u/O XXII R4 CPC), 5088/2024 (u/O XXII R4 CPC)
8. In view of the orders passed in CM-1716/2024, no orders are required to be passed in the present applications. The same are accordingly disposed of.
CM APPL.14074/2024 (under Section 151 CPC, seeking leave to sell the suit property bearing No.B-3/22, Vasant Vihar, New Delhi-110057)
9. This is an application filed by the appellant seeking leave to sell the suit property bearing No.B-3/22, Vasant Vihar, New Delhi-110057 to a third party namely M/s Windchimes Constructions Private Limited, for a total sale consideration of Rs.37,25,00,000/-.
10. Vide order dated 10.01.2024, it was recorded as under:
"Vide order dated 25.09.2023, it was directed as under:
"1. This is a petition seeking to challenge the preliminary judgment and decree dated 04.05.2017 and the final judgment dated 07.09.2017 passed in CS 179/2017 passed by ADJ-01, Patiala House Courts, New Delhi.
2. The appellant and the respondents are legal heirs of Late Shri H.K. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:57:46 Tandon, who was the owner of property No. 22/B-3, Vasant Vihar.
3. Respondent Nos. 1 to 3 filed the suit for partition, declaration and injunction and vide order dated 04.05.2017, a preliminary decree for partition was passed wherein the appellant and respondent were entitled 1/7th share each in the suit property.
4. Subsequently, the final judgment dated 07.09.2017 was also passed directing the property to be sold since the property was incapable of partitioning by meets and bounds with the share of each party defined as 1/7th. Subsequently, the parties have arrived at a settlement, wherein the new share of the parties are described as under:
Name Settlement
1. Mr. Anand 25 26 27 28
Tandon
2. Dr. JK Tandon 12.14 11.94 11.74 11.54
3. Mrs. Uma 12.14 11.94 11.74 11.54
Kapoor
4. Mrs. Saria 12.14 11.94 11.74 11.54
Seth
5. Mrs. Vijay 12.14 11.94 11.74 11.54
Lakshmi Sikka
6. Mrs. Geeta 12.14 11.94 11.74 1154
Tandon
7. Ms. Puspa 14.28 14.28 14.28 14.285
Tandon
Total 100 100 100 100
5. The appellant gets 28% share in the property and the respondent Nos. 1 to 5 have reduced their share to 11.54% in the suit property. Respondent No. 6 has neither challenged the decree nor is appearing in the Court, anyways her share has not been altered by the intersay arrangement. Her share continues to be 1/7th in the suit property.
6. Accordingly, with consent of parties the preliminary decree is modified and the share of the appellant is redefined as 28%, share of respondent Nos. 1 to 5 as 11.54% and share of respondent No. 6 continues to be 1/7thi.e. 14.285%, in the suit property.
7. Accordingly, with consent of parties, the preliminary judgment dated 04.05.2017 and the final judgment dated 07.09.2017 are modified accordingly.
8. Since the property is incapable of partition through metes and bounds, the only course available is to sell it by public auction.
9. I am informed that respondent No. 6 is in physical possession of the first floor of the said property.
10. Let notice be issued to her (Respondent No. 6) as well in order to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:57:51 ascertain if any of the parties are interested in buying the property through inter-se auction.
11. In case the same is not done before the next date of hearing, a Local Commissioner will be appointed for taking further action.
12. List on 10.11.2023."
1. Learned counsel for respondent nos.1 to 5 submits that their share in the property should be read as 11.543 % instead of 11.54 %, as set out in the table in para-4 of the order dated 25.09.2023. The same is not controverted by any of the other counsel. Accordingly, the share of the respondent nos.1 to 5 shall be reckoned to be 11.543%.
2. Respective counsel for the parties, including counsel for respondent no.6, jointly submit that they have identified a buyer for the property in question and they are desirous of selling the property to the said buyer and divide the sale proceeds amongst them in the ratio set out in the order dated 25.09.2023.
3. Learned counsel for the appellant seeks liberty to file a formal application in this regard. Let the same be filed before the next date of hearing, with an advance copy to the other counsel.
4. List on 13.02.2024."
11. As such, there is no controversy as regards the respective shares of the parties. There is also no dispute that Smt. Sarla Seth's share in the property was 11.543%.
12. Respective counsel for the parties, including learned counsel for the legal representatives of Smt. Sarla Seth, are in agreement that the property in question be sold to M/s Windchimes Constructions Private Limited for a total sale consideration of Rs.37,25,00,000/-, in the manner, set out in the present application.
13. Respective counsel for the parties are in agreement that the sale of the property in question be concluded on terms and conditions, referred to in paras-3 and 4 of the application. The said paras-3 and 4 read as under:
"3. It is submitted that subsequently, on 01.12.2023, the parties to the present Appeal amongst themselves and M/s Windchimes Constructions Private Limited entered into an understanding to sell the entire built-up property bearing no. B-3/22, Vasant Vihar, New Delhi - 110057 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:57:55 measuring 400 square yards, to M/s Windchimes Constructions Private Limited for a total sale consideration of Rs. 37,25,00,000/-. Accordingly, all the parties to the present appeal received Rs. 4,00,000/- each from the said M/s Windchimes Constructions Private Limited. In pursuance to the above understanding said M/s Windchimes Constructions Private Limited has in total paid Rs.28,00,000/- to all 7 Legal Heirs of Late Smt. Gomti Tandon by way of cheque. In this regard a receipt was also was also executed. It has been further assured by M/s Windchimes Constructions Private Limited that a further sum of Rs. 3,44,50,000 (Three Crores, Forty Four Lacs Fifty Thousand only) would be paid by Purchaser to the parties at the time of signing of formal Agreement To Sell. Thus, M/s Windchimes would have paid a total of 10% of the total sale consideration of Rs. 3,72,50,000/- (i.e., Rs. 28,00,000+ Rs. 3,44,50,000 = Rs. 3,72,50,000/-) by the time the Agreement to Sell is signed.
4. It has also been assured that a sum of Rs. 1,86,25,000/- ( Rupees One Crore Eighty Six Lacs Twenty Five Thousand only ) would be paid by the Purchaser to the parties, within 10 days from the date of DDA mutation in favour of the parties and that the balance sale consideration would be paid by the Purchaser to the parties, within 30 days from the date of getting the said property converted from leasehold to freehold, at the time of handing over the vacant, peaceful and physical possession of the said property to the Purchaser at the time of execution and registration of sale deed of the said property in favour of the Purchaser or its nominee(s), assignee(s) and that the conversion charges from leasehold to freehold will be paid by M/s Windchimes Constructions Private Limited. It is submitted that the above sum would be divided amongst the legal heirs of Ms. Gomti Tandon in proportion to the agreed shares of the parties."
14. It is agreed that both the legal representatives of Smt. Sarla Seth i.e., Mr. Mridul Seth and Ms. Malvica Seth will sign the agreement to sell and also any such documentation, as may be required for the purpose of effectuating the transactions. It is clarified that the same, shall not be construed as recognition of their entitlement or as regards the validity or otherwise of the Will left behind by Smt. Sarla Seth.
15. It is further clarified that the share of Late Smt. Sarla Seth in respect This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:57:55 of the aforesaid transaction shall be deposited by the vendee i.e. M/s Windchimes Constructions Private Limited in the registry of this court. How the share is to be apportioned between the legal heirs of Smt. Sarla Seth shall be decided at an appropriate stage, taking into account the respective contentions of the said legal heirs, as also contentions regarding the will stated to have been executed by Smt. Sarla Seth.
16. Respective counsel for the parties, on instructions, undertake that the parties shall cooperate with each other and with the buyer of the property to effectuate the transaction, as set out in paras-3 and 4 of the present application.
17. Necessary documentation for the purpose of conversion of the property from leasehold to freehold shall also be executed by the parties.
18. Let the DDA take expeditious steps to conclude the formalities regarding conversion of the property from leasehold to freehold, preferably within a period of 4 weeks from today.
19. Respective counsel for the parties shall be at liberty to draw attention of the DDA to the orders passed by this court for the said purpose.
20. Since the transaction involves execution of the agreement to sell in the first instance, followed by a sale deed after conversion of the property from leasehold to freehold, list this matter for further directions on 09.07.2024.
21. As jointly prayed by all counsel present today, the parties are permitted to proceed with the execution of the agreement to sell and submission of the necessary application/documentation for conversion of property from leasehold to freehold, on the aforesaid terms.
22. This court shall endeavour to adjudicate the respective entitlement of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:58:00 the legal heirs of Smt. Sarla Seth on the next date of hearing.
23. List on 09.07.2024.
CM APPL.14082/2024 (u/O 1 R 10 CPC)
24. It is prayed that the applicant i.e. M/s Windchimes Constructions Private Limited, proposed purchaser of the property bearing No.B-3/22, Vasant Vihar, New Delhi be impleaded as a party in the present RFA.
25. The application is not opposed by any of the respective counsel.
26. In the circumstances, the application is allowed and M/s Windchimes Constructions Private Limited is impleaded as respondent no.7 in the present RFA.
27. Let an amended memo of parties be filed within a period of one week.
28. The present application stands disposed of.
SACHIN DATTA, J MAY 6, 2024/cl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/05/2024 at 01:58:18