SUNIL GUPTA Vs. NARGIS KHANNA

JUDGEMENT

(1.) THIS is a suit for partition filed by the plaintiff against the defendant in respect of the property bearing No. N -47, Panchsheel Park, New Delhi - 110017 (hereinafter referred to as the "suit property"). By this order, I propose to decide the pending applications, i.e.: -

(2.) BRIEF facts for the purpose of adjudication of these applications are that the suit property belonged to one Shri Late Jagan Gopal Dewan who died on 27th April, 2001. Till the time of his death, Shri Late Jagan Gopal Dewan used to reside in the suit property. He was survived by his wife Amrit Kala Dewan, his son Prem Kumar Dewan and his married daughter Nargis Khanna, defendant herein.

(3.) THOUGH the Will dated 6th October, 2004 laid down as to how the suit property is to be divided amongst Prem Kumar Dewan and Nargis Khanna, both of them after the death of their mother felt that it was not practical to partition the suit property in the manner provided in the Will dated 6th October, 2004. Accordingly, Prem Kumar Dewan and Nargis Khanna entered into a Memorandum of Settlement dated 24th November, 2005 by virtue of which they agreed that each of them will have 50% undivided share in the suit property.