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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 626/2017 and I.A. No. 13769/2017 (U/S 151 CPC, for
directions)

SMT. KULVINDER KAUR KATARIA ..... Plaintiff

Through: Mr. B.B. Gupta and Mr. Pukhraj,
Advocates with plaintiff in person.

versus

SH. PARAMJIT SINGH JAUHAR & ORS ..... Defendants

Through: Mr. Tribindh Kumar and Sh. Subodh
Kumar Jha, Advocates for D-1 and 4.
Mr. Praveen Kapoor, Advocate for D-
2.
Defendants in person.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J. MEHTA

ORDER
% 18.05.2018

1. All the four parties are present in person i.e. the two daughters of late
Sh. Ravinder Singh Jauhar, defendant no. 2 who is pleaded as per the plaint
to be the widow of Sh. Ravinder Singh Jauhar and the son Sh. Paramjit
Singh Jauhar.
2. The disputes between the parties pertain to the properties owned by
Sh. Ravinder Singh Jauhar. The two properties are 50% shares in A-11,
Naraina Industrial Area, Phase – I, New Delhi and 16/329, Khajoor Road,
Joshi Road, Karol Bagh, New Delhi-110005. Both these properties were
jointly owned by Sh. Ravinder Singh Jauhar and his the real brother of Sh.
CS(OS) 626/2017 page 1 of 4
Harvinder Bir Singh Jauhar and between these two brothers there was a
partition deed dated 23.4.2007 whereby respective shares of the two brothers
were partitioned. In the present suit we are concerned with the shares of the
aforesaid properties which have fallen to Sh. Paramjit Singh Jauhar under
the partition deed dated 23.4.2007.
3. On the last date of hearing as also today, extensive Court proceedings
with respect to settlement have taken place. Each of the parties has
understood and has been explained the settlement and all the parties are
agreed to the settlement which is recoded below:-
(i) It is agreed and accordingly a preliminary decree is passed
whereby the defendant no. 1 will have 60% ownership interest in the
aforesaid two properties. Plaintiff and the defendant no. 3 will have
20% ownership each in the aforesaid two properties. The defendant
no. 2 will get a monthly maintenance of Rs.30,000/- in the ratio of
50% of this amount from the defendant no. 1 and 25% each from the
plaintiff and the defendant no. 3. This monthly maintenance will be
paid by the plaintiff, defendant no. 1 and defendant no. 3, as per the
percentages stated above out of the total amount of Rs.30,000/-, by
the 15th of each calendar month. The defendant no. 2 so far as her
residence is concerned will, in addition to the maintenance amount as
stated above, get either in the property situated at Khajoor Road 1
bedroom, 1 drawing-cum-dining room, 1 kitchen and 1 bathroom on
the ground floor or the defendant no. 1 will take on rent a flat on the
ground floor in the same area or nearby similar area on the ground

CS(OS) 626/2017 page 2 of 4

 floor of bedroom, 1 drawing-cum-dining room, 1 kitchen and 1
bathroom.
(ii) In case the defendant no. 2 continues to stay in the property at
Khajoor Road, the portion which is now to be allocated to her on the
ground floor will be specifically delineated in terms of a site plan and
this site plan will be filed by the defendant no. 1 in this Court within a
period of eight weeks from today.
(iii) It is clarified that the right of residence of the defendant no. 2 is
only for her lifetime and thereafter the property at Khajoor Road will
fall to the sole and exclusive ownership of the defendant no. 1 subject
of course to the plaintiff and defendant no. 3 getting their 20%
ownership interest in both the properties of the father Sh. Ravinder
Singh Jauhar.
(iv) It will be open to the defendant no. 2, if she wants to, obtain
separate water and electricity connection with respect to the portion of
the Khajoor Road property which is allocated to defendant no. 2 for
her residence.
Decree sheet be accordingly prepared.
4. Adjournment is now given so that the defendant no. 1 can prepare a
site plan with respect to the Khajoor Road property which will be available
for exclusive residence of the defendant no. 2 which will be an independent
unit with exclusive ingress and egress only of the defendant no. 2.
Defendant no. 1 can also in the meanwhile if it is so possible for him also
look out for a property as stated above which may be taken on rent for being
given for residence of the defendant no. 2.
CS(OS) 626/2017 page 3 of 4
5. Re-notify for father proceedings in terms of the present order on 27th
September, 2018.

VALMIKI J. MEHTA, J
MAY 18, 2018
AK

CS(OS) 626/2017 page 4 of 4