TILAK RAJ Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THIS order proposes to dispose certain pending applications. The undisputed position emerging from the pleadings may be briefly stated as follows.

(2.) THE first plaintiff (who subsequently died during the course of the proceedings and is hereafter referred to as "Late Tilak Raj") was concededly the owner of various properties and held extensive interest in the business of M/s. Diwan Chand & Sons Ltd. These included, interalia, ground floor of W-48A, Greater Kailash-II, New Delhi, a plot measures 836.13 Sq.mtrs. That property also has a first floor with half constructed second floor. The parties are ad idem as to a family settlement arrived at on 7.1.2008 which was recorded in writing on 12.1.2008. The terms of the family settlement in its material particulars briefly were that: -

(3.) IN the above circumstances, when the case was listed on 24.04.2009, this Court heard counsel for the parties. The Court was of the opinion that the statement of late Tilak Raj required to be recorded. Accordingly, he was summoned to appear in the Court, which he did on 30.04.2009. The statement recorded on that date reads as follows :