$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 09^th January, 2024 + CS(OS) 486/2019, CRL.M.A. 1/2022, I.A. 13002/2019, I.A.

12314/2020, I.A. 2359/2021, I.A. 54/2022, I.A. 19222/2022, O.A.

53/2022 SMT. HEM MADAN ..... Plaintiff Through: Mr. Shreshth Jain, Advocate.

Versus MR. PAWAN CHOWDHRI & ANR. ..... Defendants Through: Mr. Varun Jain and Mr. Nikhil Fernandes, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

I.A. 19037/2022 (seeking rejection of plaint on account of payment of deficit Court free):

1. An application under Order VII Rule 11 of the Code of Civil Procedure, 1906 (hereinafter referred to as "CPC") read with Section 151 CPC has been filed by defendant No. 2 for the rejection of plaint on account of payment of deficit court fee.

2. A suit for Declaration, Partition and Rendition of Accounts has been filed by the plaintiff, claiming to be a co-owner in the estate of her father late Shri Tek Chand Anand, who expired on 23.10.2016. Defendant Nos. 1 and 2 are the sister and brother of the plaintiff respectively.

Signature Not Verified DigitallySigned By:SAHIL CS(OS) 486/2019 Page 1 of 12

3. It is asserted in the plaint that the plaintiffs father's estate was under the name of Tek Chand Anand HUF (hereinafter referred to as "the HUF") of which her father was the Karta. Late. Shri. Tek Chand Anand was also running a business under the name and style of M/s Garg Armoury Pvt. Ltd., operated from rented shop, bearing no. 1/1526, Kashmere Gate, Delhi -

110006.

4. The plaintiff states to be aware of the following estates owned by Late Shri Tek Chand Anand and the HUF:

"a. 21/2 storied constructed Residential house commonly known as 2, Birbal Road, Jangpura Extension, New Delhi - 110014 on a area of 533 sq yds., in the name of Late Sh.

Tek Chand Anand.

b. 18, Feroz Gandhi Road, Lajpat Nagar - III, New Delhi - 110024 (Single Storied House) area about 800 sq yds, falls under the estate of Tek Chand Anand HUF.

c. shares in M/s Garg Armoury Pvt. Ltd. held in the name of Defendant No. 2 and husband of Defendant No. 1.

d. Public Provident Fund in State Bank of India, Sansad Marg, New Delhi - 110001 in the name of Tek Chand Anand;

e. Public Provident Fund, State Bank of India, Jangpura Extension, New Delhi -110014 in the name of Tek Chand Anand HUF;

f. Fixed Deposit, Bank Account in the name of Tek Chand HUF bearing account no. 05871930000073 with HDFC Bank, Jangpura Extension, New Delhi - 110014;

g. Other bank accounts, Lockers and other house hold goods.

h. Other movable properties."

5. The plaintiff further asserts that she was apprised of a Will dated 18.06.2003 executed by her father vide which he had bequeathed all his estate in favour of Defendant no. 2 except for Public Provident Fund with Signature Not Verified DigitallySigned By:SAHIL CS(OS) 486/2019 Page 2 of 12 State Bank of India, Sansad Marg, New Delhi - 110001 (HUF) which had been bequeathed in favour of Plaintiff and Defendant no. 1 equally.

6. Another purported Will of 2014 was thereafter, disclosed by defendant No. 2 wherein late Shri Tek Chand Anand had bequeathed his entire estate in the name of defendant No. 2. However, the said Will was unsigned.

7. Since the plaintiff disputed both the Wills, the siblings decided to reconcile the dispute. After much deliberation, the parties arrived at a mutual Oral Agreement which was reduced to writing by way of Family Settlement Deed dated 31.12.2018 which was signed by the parties. However, the defendants failed to act on the said Settlement despite the requests of the plaintiff through letter dated 29.07.2019 and Legal Notice dated 12.08.2019. The plaintiff also learnt that defendant No. 2 has an ulterior motive of selling the assets to third party.

8. The present suit has thus, been filed for Declaration that the plaintiff is a co-owner in her father's estate and Rendition of Accounts. Further, she has sought for the Partition of the estate of late Shri Tek Chand Anand as per the Family Settlem