SHILENDRA GHAI Vs. SHAKUNTALA GHAI

JUDGEMENT

(1.) This petition impugns an order dated 23.12.2017 passed by the learned Additional District Judge, West, Tis Hazari Courts, Delhi, in CS No. 1345/17 dismissing the petitioner's application under Order XXXIX Rules 1 and 2 read with section 151 CPC regarding maintenance of status quo by the purchasers of his mother's property at Najibabad. It is the petitioner's case that by way of a Memorandum of Family Settlement (MoFS), the properties bequeathed by the petitioner's father were mutually divided. The relevant clause 16 thereof reads as under:-

(2.) Mr. Prag Chawla, the learned counsel for the petitioner, submits that the MoFS has to be read in totality, that this clause created an interest in favour of the petitioner, therefore, if the properties owned by his mother were encumbered or otherwise parted with, then his share would be prejudiced. He contends that the sale of the petitioner's mother's immovable properties at Najibabad, Uttar Pradesh, at a price lesser than the circle rate and the consideration thereof not being shared on him has prejudiced his interest. Furthermore, it is contended that the entire sale consideration was not paid at the time of the registration of the Sale Deed, instead it was to be paid subsequently, therefore, the sale transaction is a sham and illegitimate so as to deprive the petitioner of his rights therein. The court, however, does not find the said contentions tenable for the following reasons:-

(3.) In the circumstances, it cannot be said that the petitioner has any right apropos the said clause 16.