Manisha Longani And Ors vs Kedar Nath Longani And Anr on 14 February, 2019

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Delhi High Court - Orders

Manisha Longani And Ors vs Kedar Nath Longani And Anr on 14 February, 2019

1. The present suit for declaration and mandatory injunction has been filed by Smt. Manisha Longani, Ms. Shobha Longani and Ms. Sushila Longani against Mr. Kedar Nath Longan and Mr. Mangal Sain Longani.

2. The suit relates to the property No. E-164 Masjid Moth, Greater Kailash Part-III, New Delhi-110048. The parties have entered into a settlement and the same has been placed on record in the form of a joint application being I.A. 2233/2019. Leave to settle on behalf the minor (Plaintiff No.3) is granted. As per the said settlement, the parties have agreed to resolve their disputes in terms of paragraph 3 of the settlement application. The said terms read as under:-

"3) That now the matter has been settled by and between the parties on the following terms:-

(i) that the parties to the suit do hereby agree accept and confirm that the property No.E-164, Masjid Moth, Greater Kailash Part - III, New Delhi - 110048, measuring 260 sq.mtrs. was acquired in the name of Smt. Saroj Devi, wife of Shri T. R. Longani by way of Receipt-cum-Agreement to Sell dated 20.06.2004 who was, as per inter-se understanding, holding the same for and on behalf of four brothers namely:-

(i). SHRI AMAR NATH LONGANI

(ii). SHRI KEDAR NATH LONGANI

(iii). SHRI MANGAL SAIN LONGANI

(iv). SHRI T. R. LONGANI (through Legal heir)

(ii) that the parties also do hereby agree accept and confirm that by way of Oral Family Settlement Deed dated 05.01.2005, it was agreed that the said property will belong only to three brothers namely:-

(i). SHRI AMAR NATH LONGANI

(ii). SHRI KEDAR NATH LONGANI

(iii). SHRI MANGAL SAIN LONGANI and the legal heirs of Shri T. R. Longani (who had died on 20.06.1981) shall have no share.

(iii). that the parties also do hereby agree accept and confirm that by way of subsequent Oral Family Settlement of 2009, it was agreed that the suit property will belong only to two Brothers i.e. SHRI AMAR NATH LONGANI & SHRI KEDAR NATH LQNGANI and the third brother SHRI MANGAL SAIN LONGANI will have no share in the suit property.

(iv) that the parties also do hereby agree accept and confirm that pursuant to Oral Family Settlement of 2009, Smt. Saroj Devi had executed duly registered Gift Deed dated 19.08.2009 in respect of the said property in favour of SHRI AMAR NATH LONGANI and SHRI KEDAR NATH LONGANI, each having 50% undivided share therein.

(v) that the defendant No.2 SHRI MANGAL SAIN LONGANI confirms that he has already filed an Affidavit alongwith the Plaint stating that the defendant No.2 neither has nor shall claim any right, title, share or interest of any nature whatsoever in the suit property. The defendant No. 2 does hereby also accept and acknowledge the execution of the said Affidavit and further affirms that he has no right, title or share in the suit property nor shall ever claim any.

(vi)that in view of the affidavit filed by the defendant No.2 alongwith the Plaint and signing of the present compromise application by the defendant No.2 as well, the defendant No.1 specifically gives-up his objection with regard to non-obtaining of NOG / Disclaimer from the defendant No.2 at the time of execution of the Collaboration Agreement with the Builder. M/s. Nagpal Builders India Pvt. Ltd.

(vii) that the defendant No.1 does hereby agree to join hands of the plaintiff in execution of all requisite documents in respect of the Developer's share i.e. Entire First Floor, 1/4th portion of the Stilt, Car Parking, Utility with common WC and 22.5% rights in the land etc. in favour of the Developer or its nominee as per the developer's requirement.

(viii) that the defendant No.1 also does hereby agree to co-operate with the plaintiffs and Builder with regard to the development of the said property as also with regard to the transfer of developer's share in favour of the developer / its nominee.

(ix) that the defendant No.1 also does hereby agree, accept and confirm that the plaintiffs, in terms of the Collaboration Agreement read with Gift Deed dated 19.08.2009, have become the owner of 1/2 undivided share of the Entire Basement, entire Ground Floor, 1/2 undivided share of entire Ten-ace over and above the entire Third Floor, 1/4th portion of the entire Stilt area including car parking spaces and space for one utility with common W.C. therein, use of common areas, facilities and services, 27.5% undivided, indivisible and impartible ownership rights in the land underneath of property No.E-164, Masjid Moth, Greater Kailash Part-III, New Delhi-110048, measuring 260 sq.mtrs. as absolute owners thereof, and further that defendant No.1 shall execute and get registered the document, if any required by the plaintiffs, to perfect their title in respect of the said share of the plaintiffs.

(x) that the plaintiffs also do hereby agree, accept and confirm that the defendant No.1, in terms of the Collaboration Agreement read with Gift Deed dated 19.08.2009, has become the owner of 1/2 undivided share of the Entire Basement, entire Second Floor, entire Third Floor, 1/2 undivided share of entire Terrace over and above the entire Third Floor, 1/2 portion of the entire Stilt area including car parking spaces and space for two utilities with common W.C. therein, use of common areas, facilities and services, 50% undivided, indivisible and impartible ownership rights in the land underneath of property No.E-164, Masjid Moth, Greater Kailash Part-Ill, New Delhi- 110048, measuring 260 sq.mtrs. as absolute owner thereof, and further that plaintiffs shall execute and get registered the document, if any required by the defendant No.1, to perfect his title in respect of the said share of the defendant No.1."

3. Alongwith the Plaint, the Plaintiff had placed on record an affidavit of Defendant No.2 - Mr. Mangal Sain Longani that he does not have any right, title or interest in the suit property.

4. The application has been signed by all the parties. They have agreed to the respective shares as also the Collaboration Agreement.

5. The application is accompanied by the affidavits of the parties and is signed by the counsels for the parties. Suit is decreed in terms of the settlement extracted above. Settlement application shall form part of the decree. All pending IAs are disposed of. 50 % court fee is directed to be refunded. Decree sheet be drawn.

PRATHIBA M. SINGH, J.

FEBRUARY 14, 2019/MR

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Delhi High Court - Orders