RANI SHARMA Vs. SANGEETA RAJANI

JUDGEMENT

(1.) These are two appeals filed against the order dated 26th November, 2010 passed by learned Single Judge in Original Suit being CS(OS) No. 1498/2010 whereby the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC?) of the Plaintiffs, namely, Sangeeta Rajani and Ors. (hereinafter referred to as "the Plaintiffs?) was dismissed. Simultaneously, while dismissing the said application, the learned Single Judge directed the Defendant, namely, Ms. Rani Sharma (hereinafter referred to as "the Defendant?) to deposit a sum of Rs. 7.00 crores within a period of three months with the Registrar General of this Court. It was also ordered that till such time the money was deposited, the Defendant shall not part with the possession of her share comprising of first floor and 2/9th share in the ground floor of the premises bearing No. S-46, Panchshila Park, New Delhi.

(2.) The admitted facts are that the Defendant being the owner of the first floor and 2/9th share in the ground floor, agreed to sell the same to the Plaintiffs vide Memorandum of Understanding/Agreement to Sell dated 30th July, 2006 (hereinafter referred to as "the agreement?).

(3.) The Defendant is the second wife of late Capt. Ravi Sharma, who had two daughters, namely, Rekha and Rashmi and one son, Sanjay. A partition suit was pending between them with regard to the premises bearing No. S-46, Panchshila Park, New Delhi. That case was decreed on the basis of a compromise arrived at between them whereby first floor came to be acquired by the Defendant. The two daughters and son got 2/9th share each in the said premises. Sometime in 1983, an understanding was arrived at by the Defendant with daughters for the sale of their shares. Since, it did not materialize, she filed a suit for specific performance against daughters, which came to be dismissed, and the appeal there from is stated to be pending. In the meantime, daughter Ms. Rashmi Sharma, entered into an agreement to sell her share in the suit premises with an outsider, Mr. Sanjiv Anand. The Defendant (Rani Sharma) filed a suit against her under Section 44 of the Transfer of Property Act, 1882. The Defendant also acquired 2/9th share of son Sanjay in the ground floor of premises. However, admittedly the entire ground floor was in occupation of the Official Liquidator appointed in terms of the Company Court of this Court.