Chandan Ramamurthi & Anr vs M.R Krishnamurthi & Anr

Also reported in

This judgment disposed of connected matters. The same reasons were delivered in the following case.

Kailash Aggarwal And Anr. vs Ms. Chandan Ramamurthi And Anr.

Headnote AI-drafted · Reviewed and approved

Two consolidated civil suits arising out of a family dispute over immovable property bearing No. A-16, Niti Bagh, New Delhi, originally owned by Late Sh. M.K. Ramamurthi. In CS(OS) 1279/2010, the plaintiffs Kailash Aggarwal and Vijay Aggarwal sought specific performance of an Agreement to Sell dated 14.10.2009 and a permanent injunction in respect of the suit property. In CS(OS) 1992/2013, the plaintiffs Chandan Ramamurthi and Dr. Alamelu Ramamurthi sought a declaration that a Settlement Deed dated 13.11.2009 was not binding on them and that receipts dated 11.11.2009, 12.11.2009 and 13.11.2009 executed by the Aggarwals were null and void.

The background involved a Compromise Decree dated 30.01.1987 passed in a prior eviction suit, a registered Will dated 07.05.1990 executed by Late Sh. M.K. Ramamurthi, contested Probate proceedings, and a Declaration Suit filed by M.R. Krishnamurthi and Shyamala Pappu, which was dismissed in 2017. The disputes centered on the rights of the widow and daughter of the deceased vis-à-vis his son M.R. Krishnamurthi and Shyamala Pappu, and the validity of the subsequent Agreement to Sell and Settlement Deed executed in 2009.

The court examined the enforceability of the Agreement to Sell, the validity and binding nature of the Settlement Deed, and the effect of the earlier Compromise Decree and registered Will on the rights of the respective parties to the suit property.

Catchwords: specific performance · agreement to sell · settlement deed · immovable property · will · probate · compromise decree · declaration · permanent injunction · family dispute · coparcenary · testamentary disposition