RFA 218/07 Page 1 of 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 10, 2008 + RFA 218/2007 SMT. LILAWATI & ORS. ..... Appellants Through: Mr. Anurag Jain, Advocate and Mr. Ravinder Yadav, Advocate versus SH. TRILOK CHAND GUPTA & ANR. ..... Respondents Through: Mr. Ramit Malhotra, Adv. for R-1 Mr. J.P.Gupta, Adv. for R-2 CORAM :- THE HON'BLE MR.JUSTICE PRADEEP NANDRAJOG THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may be allowed to see the Judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Pradeep Nandrajog, J. (Oral) 1. Learned counsel for the parties state that the dispute has been settled between the parties as per deed of settlement executed today itself i.e. 10.12.2008. 2. The original deed of settlement has been handed over in Court and for facility of identification has been marked as AW-1. 3. Counsel pray that the instant appeal may be RFA 218/07 Page 2 of 4 disposed of as per the settlement and even the suit may be finally disposed of recording the settlement. 4. Trilok Chand Gupta, respondent No.1 filed a suit seeking partition of property bearing No.65/67, New Rohtak Road, Karol Bagh, Delhi. Except for defendant No.5, his sister Hem Lata who supported him, the claim was opposed. 5. Dispute was on inheritance after Kanihya Lal Gupta, the registered owner and the predecessor-in-interest of the parties died. A will dated 21.9.1980 was set up to oppose the claim, alleging the same to be the last legal and valid testament of the deceased. 6. Vide impugned judgment and decree dated 12.1.2007 suit has succeeded. The will has been held not to be the last legal and valid testament of the deceased. Litigating parties have been held to be entitled to 1/6th share each in the property of the deceased. 7. The deceased was survived by four sons, a wife and a daughter. Thus, entitlement of each has been held to be 1/6th. 8. The appellant challenges the preliminary decree dated 12.1.2007 holding as aforesaid. 9. As per the settlement between the parties, the 1/6th share of each party has been accepted by the appellants. 10. The parties have formed two groups. The plaintiff of RFA 218/07 Page 3 of 4 the suit, Trilok Chand Gupta, and his sister Hem Lata have formed one group. The remaining three brothers and the mother have formed the second group. 11. It has been agreed that in lieu of their 1/6th share each in the property, Trilok Chand Gupta and Hem Lata shall be paid Rs.60,00,000/- (Rupees Sixty Lakhs only) within 1 (one) year. Default shall entail interest on said amount @ 10% per annum for the delayed period. 12. The deed of settlement AW-1 is taken on record. Learned counsel for the parties affirm having witnessed the same. We note that counsel for the parties have signed as witnesses to the deed of settlement. 13. The appeal stands disposed of affirming the impugned decree and proceeding ahead we pass a final decree directing that in lieu of their 1/6th share each in property bearing Municipal No.65/67, New Rohtak Road, Karol Bagh, New Delhi, Trilok Chand Gupta and Hem Lata shall be paid Rs.60,00,000/- (Rupees Sixty Lakhs only) each within 1 (one) year; if there is a delay, for the delayed period the said sum shall carry interest @ 10% per annum. On receipt of the money, Trilok Chand Gupta and Hem Lata shall execute the required documents conveying their 1/6th share each in the property in favour of the other co- owners. RFA 218/07 Page 4 of 4 14. Needless to state parties would be bound by the deed of settlement. 15. No costs. PRADEEP NANDRAJOG, J. J.R.MIDHA, J. DECEMBER 10, 2008 mm