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Monila Goel vs Zorawar Daulet Singh & Anr on 6 February, 2019

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                         CS (OS) 906/2014
       MONILA GOEL                                   ..... Plaintiff
                   Through: Mr. Sandeep Sharma, Mr. Honey
                               Singh & Mr. Rahul Goyal, Adovcates
                               (M-9990389721)
                   versus

       ZORAWAR DAULET SINGH & ANR             ..... Defendants
                   Through: Mr. Amitabh Chaturvedi, Advocates
                            (M-9810002587)

       CORAM:
       JUSTICE PRATHIBA M. SINGH
                    ORDER

% 06.02.2019 I.A. 22096/2015, 5568/2016 & 7516/2018 and CS(OS) 906/2014

1. The background of the present suit is that the disputes between the parties were settled as per the settlement recorded by the Court on 2 nd September, 2014. Vide the said order, the settlement agreement dated 1 st September, 2014 was taken on record and parties were directed to comply with the terms of settlement. The suit was disposed of in terms of the settlement.

2. As per the settlement, the payment of sale consideration was to be made by the Plaintiff and the sale deed was to be executed by the Defendants in favour of the Plaintiff. After recordal of the settlement, I.A.25005/2014 was filed by the Defendants seeking directions to get the sale deed executed and registered without insisting upon the inclusion of the name of her son as a vendee. This application was decided vide order dated 23rd September, 2015 in the following terms.

"I.A. No.25005/2014 (u/s 151 CPC by defendant No.1 In view of the settlement recorded by order dated 2nd September, 2014, the submission of learned counsel for the defendants is that that plaintiff is insisting upon the inclusion of her son's name Master Kartikeya Goel as vendee and also mentioning the purported "Will" of the plaintiff in the sale deed to be executed in terms of the settlement forming part of the compromise. Learned counsel for the defendants has also shown the draft sale deed in support of his submission. As per the settlement the sale deed is to be executed in the name of the plaintiff Mrs. Monila Goel only. Accordingly, both the parties shall strictly comply with the terms and conditions of the settlement which has been accepted by this Court on 2nd September, 2014. Sale deed will be executed within four weeks from today. Parties shall exchange the requisite paper in the meanwhile.

The application is accordingly disposed of."

3. Despite this clarification being issued, another application being I.A.22096/2016 has been filed by the Plaintiff seeking modification of the order dated 23rd September, 2015. Relief sought in this application is as under:

"i) direct the defendants to provide complete and proper assistance as had already been assured vide order dated 22.12.2014 for getting the building regularized as well as for getting single electricity connection in respect of the suit property;

ii) permit the plaintiff to get the sale deed executed as annexed with this application;

iii) extend the time for execution of the sale deed until the execution of the regularization of the suit property; and

iv) Such other and further order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case be also passed."

4. In support of this application, affidavits were filed by Ms. Monila Goel and Mr. D. K. Goel that their son Master Kartikeya Goel is a minor and that they consent to the sale transactions. They further gave an indemnity in the following terms.

"3. I say that my daughter and son are minors, daughter Bhargavi Goel, aged about 16 years and 11 months and son Kartikeya Goel aged about 14 years and 5 months. Being natural guardian, on their behalf I hereby give my consent to the terms of the sale transaction and undertake to indemnify the defendants out of any claim or liability as stated hereinabove which may be incurred by the defendants because of inclusion of name of Kartikeya Goel as legal heir in the sale deed.

4. I say that in case any expenses are incurred by the defendants pursuant to the execution of the above-mentioned sale deed, the same shall be borne by me, and in case the defendants pay for the same, I will reimburse the defendants to that effect, indemnify the defendants and keep them indemnify."

5. I.A. 5568/2016 also came to be filed by the Plaintiff seeking directions to execute the sale deed as per the draft annexed to the I.A. 22096/2016. On 5th April, 2018, in these applications the Court passed the following orders.

"..............................

Even earlier the dates have been taken by the parties for executing the sale deed. In view of the fact that the amount as agreed has been deposited and released; the sale deed be got registered per draft at annexure P-2 in case it do not require any modification."

6. The Defendants again filed I.A.7516/2018 praying that the Plaintiff be directed to strictly comply with the earlier orders of the Court in a time CS (OS) 906/2014 Page 3 of 5 bound manner. All these three pending applications are taken up for hearing today.

7. The main bone of contention between the parties is as to whether the son of the Plaintiff, Master Kartikeya Goel can be shown as the vendee in the sale deed to be executed between the parties. There is no dispute that the Settlement Agreement has been fully given effect to, except insofar as the execution of sale deed is concerned. For whatever reasons, the Plaintiff is insisting on her son being a co-vendee. The apprehension of the Defendants is that since the TDS certificate has been issued by the Plaintiff and the consideration has been paid by the Plaintiff, no objection should be raised by the tax authorities or any other governmental authorities in the execution of the sale deed jointly with the Plaintiff and her son.

8. There is no dispute that the Settlement Agreement was executed between the parties on 1st September, 2014. The said settlement was also recorded by the Court on 2nd September, 2014 and the suit was disposed of. The Defendants have already been paid the full consideration. TDS certificates have also been issued. In any sale transaction, if a person, who is purchasing the property, wishes to get the sale deed executed in her or his name or in the name of a nominee thereof, no objection can be raised by the seller.

9. In the present case, if, due to any sentimental reasons or other reasons, the Plaintiff wishes that the property ought to be registered jointly in her own name and in the name of her son, the Defendants ought not to have any objection. Undertakings, which have been given by the Plaintiff and her husband are accepted. Sale deed be now registered by the Defendants in favour of the vendees as per the sale deed, which is annexed to CS (OS) 906/2014 Page 4 of 5 I.A.22096/2016 at page 21 of the Court record. Further, it is made clear this Court is not adjudicating or giving any opinion as to whether Master Kartikeya Goel is the only legal heir of the Plaintiff and if so, what are his rights in respect of the assets of Mrs. Monila Goel.

10. All applications are disposed of. No further orders are called for in the suit. The suit is also disposed of.

PRATHIBA M. SINGH, J FEBRUARY 06, 2019 Rahul/dk CS (OS) 906/2014 Page 5 of 5