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

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

Chandan Ramamurthi & Anr vs M.R Krishnamurthi & Anr

Headnote AI-drafted · Reviewed and approved

Two consolidated civil suits arising out of a dispute over immovable property bearing No. A-16, Niti Bagh, New Delhi. 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, which was originally owned by late Sh. M.K. Ramamurthi. In CS(OS) 1992/2013, Smt. Chandan Ramamurthi and Dr. Alamelu Ramamurthi, wife and daughter of the deceased owner, sought a declaration that the Settlement Deed dated 13.11.2009 was not binding on them and that the receipts dated 11.11.2009, 12.11.2009 and 13.11.2009 executed by the plaintiffs in CS(OS) 1279/2010 were null and void.

The background of the dispute involved a Compromise Decree dated 30.01.1987 passed in a prior eviction suit between late Sh. M.K. Ramamurthi and Shyamala Pappu, which made detailed provisions for occupation of different portions of the property by the respective heirs of Sh. M.K. Ramamurthi. A registered Will dated 07.05.1990 was also executed by Sh. M.K. Ramamurthi incorporating the terms of the Compromise Decree and bequeathing the property to his wife, daughter, and sons. After his demise in 1993, prolonged probate and civil litigation ensued among the legal heirs, including contested probate proceedings and a declaration suit filed by Shyamala Pappu and M.R. Krishnamurthi, which was eventually dismissed.

The suits were heard together given the overlapping facts and parties. The core questions involved the validity and enforceability of the Agreement to Sell and Settlement Deed, the alleged coercion or undue influence, the rights of the respective parties under the Will and Compromise Decree, and whether the defendants/plaintiffs in CS(OS) 1992/2013 had the authority and free consent to enter into the impugned transactions.

Catchwords: specific performance · agreement to sell · settlement deed · declaration · null and void · immovable property · Will · Compromise Decree · probate · coercion · undue influence · legal heirs · family dispute · Delhi High Court