Delhi High Court - Orders
Shilpa Tandon vs Harish Chand Tandon (Deceased) Through ... on 17 May, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 666/2023
SHILPA TANDON ..... Petitioner
Through: Petitioner in person
versus
HARISH CHAND TANDON (DECEASED) THROUGH LEGAL
HEIRS & ANR ..... Respondents
Through: Mr. Prashant Manchanda, Ms.
Khushboo Tomar and Ms. Jasleen
Kaur, Advocates with Ms. Anita
Tandon and Ms. Rashmi Tandon,
Respondent Nos. 1-A and 1-C are
present in person
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 17.05.2023
1. This petition has been filed seeking compliance of the directions issued by the Division Bench of this Court vide judgement dated 15.11.2016 passed in RFA (OS) No. 113/2015. The relevant portion of the judgement reads as under: -
"25. Learned counsel for the first respondent, on instructions from the first respondent said that firstly the first respondent would not sell his house and if in future he does so, he would file an application in the present appeal and seek prior permission to sell his house and in such eventuality would deposit Rs. 40 lakhs in a fixed deposit for a term to be decided by the Court so that from the interest which accrues therefrom the liability to pay rent could be met. Further, the undertaking by the first respondent to pay ₹ 30,000/- per month to the appellant towards rent would be treated as an undertaking to this Court and a condition of the present judgment.
26. We accept the aforesaid statement made by learned counsel for the first 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 24/09/2023 at 11:51:16 respondent as the undertaking of the first respondent to this Court making it clear that breach thereof would not only entitle the appellant to seek execution but even initiate contempt proceedings against the first respondent.
27. We dispose of the appeal modifying the impugned decree and dispose of the suit filed by the first respondent; decreeing that the appellant would vacate the barsati/first floor of property bearing Municipal No.D-3, Green Park Extension, New Delhi on or before the midnight of December 31, 2016, provided the first respondent deposits in this Court, under intimation to appellant's counsel Rs.1,20,000/- being advance payment for four months commencing from the month of January, 2017. Thereafter, advance payment for the month of May, 2017 and ensuing. months would be deposited in this Court on or before the 20th day of each preceding month with intimation to the appellant's counsel -- with direction to the Registry that within two days of the deposit the deposited money would be paid over to the appellant by means of a cheque without any application filed by her. Learned counsel for the appellant would identify the appellant before the concerned officer of the Registry when the cheque would be handed over to her. We are constrained to make the payment a little onerous and cumbersome because there is complete lack of communication between the appellant and the respondent No.l. If however, the appellant were to provide her bank account to learned counsel for respondent No.1 within a period of four weeks from today, the respondent No.1 would transfer the money by RTGS i.e. instructing his banker to transmit the money to the account of the appellant. The first respondent would be bound by the statement made by his counsel regarding sale of his house and the said statement would form part of the decree including the undertaking as per para 25 above."
(Emphasis Supplied)
2. It is stated in the petition that the payment of Rs. 30,000/- per month has been received until the month of December, 2022 and the payment for the months of January, 2023 to May, 2023 continues to remain outstanding. 2.1. It is stated that the Petitioner has learnt that Mr. Harish Chand Tandon, has since passed away on 16.12.2022, leaving behind his legal heirs, who have been arrayed as Respondent Nos. 1-A to 1-E. 2.2. The Petitioner who appears in person, states that the said Respondents are bound to comply with the undertaking given by late Mr. Harish Chand Tandon at paragraphs 25 to 27, in view of the findings of the Division Bench 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 24/09/2023 at 11:51:16 that the property bearing No. D-3, Green Park Extension, New Delhi ('subject property') was a shared household.
3. Mr. Prashant Manchanda, Advocate, has entered appearance on advance service, along with Respondent No.1-A, Ms. Anita Tandon and Respondent No. 1-C, Ms. Rashmi Tandon. He also accepts notice on behalf Respondent Nos. 1-B and 1-D. 3.1. He states he is not representing Mr. Darpan Tandon, who has been arrayed as Respondent No. 1-E and Respondent No. 2. 3.2. He states on instructions from Respondent No. 1-C, who is present in Court that late Mr. Harish Chand Tandon has left behind a will dated 14.04.2014, whereby his entire estate including all his movable and immovable assets have devolved exclusively upon his three daughters arrayed as Respondent Nos. 1-B, 1-C and 1-D.
4. He states that without prejudice to the rights and contentions of the said Respondent Nos. 1-B, 1-C and 1-D; Respondent Nos. 1-C, Ms. Rashmi Tandon will immediately clear the arrears of January, 2023 to May, 2023 amounting to Rs. 1,50,000/- within a period of one (1) week from today. 4.1. He states that the amount shall be credited into the bank account of the Petitioner, the details whereof are already available with Respondent No. 1- C. 4.2. He states that Respondent No. 1-C further undertakes that the payment of Rs. 30,000/- to the Petitioner will continue to be paid from June onwards, on or before 20th day of each English calendar month, in accordance with the judgement dated 16.12.2016.
5. The learned counsel for the Respondents has placed reliance upon order dated 16.12.2016 passed by the Division Bench in CM No. 45958/2016 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 24/09/2023 at 11:51:16 contend that the legal heirs of Mr. Harish Chand Tandon do not have any liability to continue to make the payment of Rs. 30,000/- per month, after his demise.
6. In response, the Petitioner has stated that during the course of arguments on 16.12.2016, it was observed by the Division Bench that her apprehensions are misplaced as the liability assumed by late Mr. Harish Chand Tandon vide judgement dated 15.11.2016 will devolve upon the estate of late Mr. Harish Chand Tandon and to that extent, his legal heirs, who inherit from Mr. Harish Chand Tandon, will continue to remain liable to pay Rs. 30,000/- to the extent of the estate inherited by them. Especially, in view of the fact that a decree to this effect has been passed by the Court and the said decree will bind the legal heirs who inherit the estate.
7. The undertaking of Respondent Nos. 1-C is taken on record and she is bound down to the same. The Respondent Nos. 1-B, 1-C and 1-D are directed to ensure that there is no default in making payment of the arrears and future rent of Rs. 30,000/- to the Petitioner as directed above.
8. The learned counsel for the Respondent seeks time to file written submissions in this matter. Let the same be filed within four (4) weeks before the next date of hearing.
9. At request, list on 06.09.2023.
MANMEET PRITAM SINGH ARORA, J MAY 17, 2023/rhc 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 24/09/2023 at 11:51:17