Dr.Prem Nichani And Rajender Balram Nichani v. Ishwar Aangan Co-Operative And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 761 OF 2016 Prem Bairam Nichani & Anr.

. . . Plaintiffs

Versus

lshwar Aangan Co-Operative Housing Society Ltd. & Ors.

. . . Defendants CONSENT TERMS BETWEEN THE PLAINTIFFS AND DEFENDANTS NOS. I AND 2.

1.

The Plaintiffs and Defendants No. 1 and 2 have arrived at a settlement of the disputes which forms the subject matter of the present suit, as more particularly mentioned hereinafter.

2.

The Plaintiffs have agreed to execute a Deed of Conveyance in respect of the suit property described in para 1 of the Plaint, in favour of

Defendant No. 1, which has been confirmed by Defendant No. 2, a copy whereof is at Annexure "A" hereto, which will be presented to the Registering authorities by Defendant No. 1 within a period of 1 month from the date hereof for the purposes of adjudication. Defendant No.1 agrees and undertakes to pay the stamp duty and registration charges on the same. Upon adjudication of the stamp duty payable on the Deed of Conveyance and payment of stamp duty, the Plaintiffs undertake to execute the same for transfer of the suit property in favour of Defendant No.1. 3.

On or before execution of the present Consent Terms, the Defendants have handed over a Demand Draft dated / )c2 / drawn on r (>k for an amount of Rs.16,50,000I- (Rupees Sixteen Lakhs Fifty Thousand only) in favour of Plaintiff No. 1 as well as a Demand Draft dated drawn on r ') .'

/ ;Ct'/ for an amount of Rs.16,50,000I- (Rupees Sixteen Lakhs Fifty Thousand only) in favour of Plaintiff No. 2,

which the Plaintiffs have accepted as the full and final consideration amount payable to them, for transfer of the reversionary rights I ownership rights in respect of the suit property i.e., Plot No.15, admeasuring 578 sq. yards bearing Survey Nos. 81, 82, and 62 (and now being CTS No. 308, 308/1, 308/2 and 308/3) situated at Mouje Vadhavali, Near Chembur, Mumbai.,in favour of Defendant No. 1, in terms of the Deed of Conveyance at Annexure A hereto.

The Plaintiffs undertake not to make claim of any nature whatsoever in respect of the suit property i.e., Plot No.15, admeasuring 578 sq. yards bearing Survey Nos. 81 82, and 62 (and now being CTS No. 308, 308/1, 308/2 and 308/3) situated at Mouje Vadhavali, Near Chembur, Mumbal., for any reasons whatsoever as also undertakes to execute such further and other documents as may be reasonably called upon by Defendant No.1, subject however to the costs being borne by Defendant No.1, for transfer of the Suit property in favour of Defendant No.1.

5.

in view of the above, the e suit 6.

All pending Notice of Motions also stand withdrawn.

7.

Refund of courtfees be granted to the Plaintiffs as per rules.

There shall not be any order as to the costs. Mumbai, dated this Jday of December 2021.

2.

Yogesh Adhia Advocate for the Plaintiffs Plaintiffs

S G Mahamuni Advocate for Defendant No.1 I 2.

Suresh Dubey Advocate for Defendant No.2 Defendants

, THIS INDENTURE OF CONVEYANCE made and entered into at Mumbai this day of December in the Christian Year Two Thousand Twenty One BETWEEN Dr. Prem Bairam Nichani And Mr. Rajender Bairam Nichani both Adults of Mumbai, Indian Inhabitant and having office address at amigo 289, Veer Savarkar Marg, Near Dadar Catering college, Shivaji Park, Dadar(w), Murnbai-400028 hereinafter called 'THE VENDORS" (which expression shall unless it be repugnant to the context or meaning thereof shall be deemed to mean and include their heirs, executors and administrators) AND Ishwar AANGAN Co-op Housing Society Ltd. a Cooperative society duly registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act XXIV of 1961), bearing registration No.

MUM/WM/ HSG / (TC) /10559/ 2013-14/YEAR 2013 and having its address at Pushpa Niwas, Plot No 15, Laxmi Colony, bearing Survey No. 81, 82 & 62 and CTS No 308, 308/1, 308/2, 308/3 of Wadhavli Village, Taluka Kurla-1, R.C. Marg, Mahul Road, Chembur, Mumbai -400074, hereinafter called "THE PURCHASER" (which expression shall unless it be repugnant to the contexts or meaning thereof shall be deemed to mean and include their successors and assigns) of the Other Part.

WHEREAS a) The Vendors herein have represented to the Purchaser that they arc the SOIC owners and absolutely seized of a plot of land i.e., Plot No.15, admeasurernent about 510 sq. metres or thereabouts at Laxrni Colony, bearing Survey Nos. 81, 82, and 62 (and now being CTS No. 308, 308/1, 308/2 and 308/3) situated at Wadhavli Village, Taluka Kurla-1, R.C. Marg, Mahul Road, Chembur, Mumbai-400 074, District of Bombay Suburban in the Registration District of Bombay Suburban [hereinafter for the sake of brevity referred to as "the said Plot"]. Copies of the Property Cards in respect of the said property are annexed hereto and marked as Annexure "A".

b) The Purchaser is a society formed under the Maharashtra Cooperative Societies act 1960 and has its office at Pushpa Niwas, Laxmi Colony, Mahul Road, Plot No.15, Chembur, Mumbai 400074, whose members are occupying various flats in the building constructed on the said Plot referred to hereinabove and which is more particularly described in the Schedule described here inunder.

c) Late MRS. PUSHPA BALRAM NICHANI being original purchaser of the said Plot from Mrs. Sulochana Chatteijee and others by an Agreement dated 12.12.1956, whereby Mrs. Sulochana Chatterjee and others had granted, conveyed and assigned to Mrs. Pushpa Balrarn Nichani wife of IVIr. Bairam Jethanand Nichani.

d) The said Mrs. Pushpa Bairam Nichani had leased out the said Plot for 99 years to her husband Mr. Bairam Jethanand Nichani by agreement for lease dated 23.12.1956 on the terms and conditions mentioned therein.

e) Mr. Balrarn Jethanand Nichani expired on 22' March, 1984 and Mrs. Pushpa Balram Nichani expired on 17th June, 1991. The Vendors, Dr. Prem Bairarn Nichani and Mr. Rajender Balram Nichani became entitled to all rights in the said Plot. f All the Current owners of the Flats in the Building known as Pushpa Niwas, have formed and registered a Co-operative Housing Society named Ishwar AANGAN Co-op Housing Society Ltd under the provisions of the Maharashtra Cooperative Societies Act, 1960 (Maharashtra Act XXIV of 1961) bearing registration no. MUM/WM/ HSG / (TC) / 10559/20 1314/YEAR 2013. g) The address of the said property is Plot No. 15, CTS Nos. 308 and 308(1-3) of village Wadhavali, Taluka Kurla R.C. Marg, Mahul Road, Chembur, Murnbai -400074 in the registration subdistrict of Mumbai suburban, being the said Plot more particularly described in schedule hereunder together with all structures standing thereon;

h) Ishwar AANGAN Co-op Housing Society Ltd filed an Application for Deemed Conveyance under section 11(3) of

MOFA on 29th June, 2013 and obtained Deemed conveyance order dated 14th October, 2013. Pursuant to the said order, the Deed of Assignment dated 27th January, 2014 by office of District Dy. Registrar-ill executed Deed of Deemed Conveyance on 27t1 January, 2014, which is duly registered under the serial number: Kurla-1-1430-2014. A Copy of the said Deed of Assignment dated 27th January, 2014 is annexed hereto as Annexure -B.

i) Aggrieved by this order, Dr. Prem Bairam Nichani and Mr. Rajender Bairarn Nichani have challenged this order in High Court of Mumbai on 18t11 April, 2016 and got stay order from High Court. Both Purchasers and Vendors have decided to settle the said suit mutually on terms and conditions to relinquish their all requisite including reversionary rights or natural or legal rights, privileges, interests and claims and all residual tights whatsoever under the Law vide the said suit or under any provision of any Act or Law otherwise.

j) Various litigations have ensued amongst the parties which are pending in which various orders have been passed by the courts in regard to the said property. The Vendors have claimed to have succeeded to all the requisite reversionary rights or natural or legal rights, privileges, interests and claims and all residual tights whatsoever under the Law being only heirs and successors of the said Plot.

k) The Purchaser has verified the title of the Vendors and accepted the same and agrees not to raise any requisition or objection to the same.

1) The parties have in view of the above litigations, met and decided to put an end to the disputes and the Vendors have agreed to grant the Conveyance of the said property to the Purchasers for the consideration and reasonable price considering the encumbrances and on the terms and conditions that have been agreed in between the parties.

NOW THIS INDENTURE WITNESSETH that in pursuance of the agreement and in consideration of a total sum ofRs.33,00,000.00 [Rupees Thirty Three Lakhs Only] paid in the following manner;

1. Demand Draft/RTGS for Rs.16,50,000/- (Rupees Sixteen Lakhs Fifty Thousand only) to the 1St Vendor; and

2. Demand Draft/RTGS for Rs.16,50,000/- (Rupees Sixteen Lakhs Fifty Thousand only) to the 2nd Vendor, By the Purchasers to the Vendors prior to the execution of these presents (the payment and receipt whereof the Vendors doth hereby admit and acknowledge and of and from the same and every part thereof doth for ever acquit release and discharge the purchasers), The Vendors do and each of them doth hereby grant, sell, convey, transfer, assure and assign unto the Purchasers forever all their right, title and interest in all that piece and parcel of land i.e., Plot No.13 containing by admeasurement about 5 10 sq. meters or thereabouts

situated at Laxrni Colony, bearing Survey Nos. 81, 82, and 62 (and now being CTS No. 308, 308/1, 308/2 and 308/3) situated at Wadhavli Village, Taluka Kurla-1, R.C.

same or hereafter become payable to the Government of Maharashtra or to the Municipal Corporation of Greater Mumbai or any other public body or authority in respect thereof AND the Vendors hereby for themselves covenant with the Purchaser that notwithstanding any act, deed, matter or thing whatsoever by the Vendors or by any person or person lawfully or equitably darning, by from, through under or in trust for them made, done, committed, omitted or willingly suffered to the contrary THEY the Vendors now hath in themselves good right, full power and absolute authority to grant convey and assure the said property granted, conveyed or assured or intended so to be unto and to the use of Purchasers in the manner aforesaid AND THAT it shall be lawful for the Purchasers from time to time and at all times hereafter peacefully and quietly to hold enter upon have occupy possess and enjoy the said property hereby granted with their appurtenants and receipt the rents issued and profits thereof and of every part thereof to and for their own use and benefit without and suit lawful eviction, interruption, claim and demands whatsoever from or by the Vendors or their heirs or any of them from or by any person or persons lawfully or equitably claiming or to claim by, from, under or in trust for them or any of them AND that from and clear and freely clearly and absolutely acquitted, exonerated, released and forever discharged or other wise by the Vendors themselves well and sufficiently saved, defended kept harmless and indemnified or from or against all former and other estate, titles, charges and encumbrances whatsoever either already or to be hereafter had made, executed, occasion or suffered by the Vendors or by any other person or persons lawfully or

equitably claiming or to claim by, from, under or in trust for them or any of them AND FURTHER that the Vendors and all persons having or lawfully or equitably claiming any estate, right, title or interest at law or in equity in the said land hereby granted or any part thereof by from, under or in trust for them THEY the Vendors or their heirs or any of them shall and will from time to time and at all times hereafter at the request and cost of the Purchasers do and execute or cause to be done and executed all such further and other lawful and reasonable acts, deeds, things matters conveyance and assurance in the law whatsoever for the better further and more perfectly and absolutely granting and assuring the said property and every part thereof hereby granted unto and to the use of the Purchaser in the manner aforesaid as shall or may be reasonably required by the Purchaser, its successors or assigns or its or their counsel in law And it is further agreed that the stamp duty and Registration charges in respect of this Conveyance shall be born and paid by the Purchasers alone.

IN WITNESS WHEREOF the Vendors and the Purchasers have hereunto set and subscribed their respective hands and Seals to this writing on the clay and year first hereinabove written. THE SCHEDULE OF THE PROPERTY All that piece and parcel of land i.e., Plot No.15, Laxmi Colony, bearing Survey Nos. 81, 82, and 62 (and now being CTS No. 308, 308/1, 308/2 and 308/3) situated at Wadhavli Village, Taluka Kurla1, R.C. Marg, Mahul Road, Chembur, Murnbai-400 074, District of

Bombay Suburban containing by admeasurernent about 510 sq. meters or thereabouts in the Registration District of Bombay Suburban [herein for the sake of brevity referred to as "the said property"] SIGNED SEALED AND DELIVERED ) by the withinnamed VENDORS ) DR. PREM BALRAMNICHANI ) MR. RAJENDER BALRAM NICHANI ) In the presence of ) 1.

2.

SIGNED SEALED AND DELIVERED ) by the withinnamed PURCHASER ) ISH WAR AANGAN CO-OPERATIVE HOUSING SOCIETY LTD.

) MR J1 W-LiT &i ) MR /--P , P1tr f, ) '

ANDMR. - , ) authorized by Resolution dated ) In the presence of.

)

RECEIPT RECEIVED from the within mentioned Purchasers society the sum ofRs.33,00,000.00 [Rupees Thirty Three Lakhs Only] being the full consideration amount to be paid by the Purchasers to the Vendors as mentioned above.

'O& h 7Pi / z WE SAY RECEIVED - DR. PREM BALRAM NICHANI MR. RAJENDER BALRAM NICHANI Witness.

1.

2.

SrflJAR ANG CO HOUS NG soa ETY LTD.

PLOT NO 15, CTS NO 303, 308(1-3), VILLAGE WADAVLI, LAXMI COLONY, R. C. MARG, CHEMBUR, MUMBAI -400 074 Ref No.

Dated: 4thDecemhr 2021 RESOLUTION Resolved thatMrs.Rom ksur Makkar -Secretary of our society hereby authorized to file Suit, Reply, Rejoinder, Notice of Motion, Complaint, affidavits, Consent terms, evidences or any documents es required time to time as required before the High Court or any other court against Dr. Prem Nichani and other necessary parties in regard to the matters concerning our society; Resolved further that advocate ShriS G Mahamuniis authorized to act, appear and plead for the society in the above matters. lshwar Aagan Co-op Housing Society Ltd.

\) \è ''- Mrs. Preeti Srichand Motwani (Treasurer) ..

Mumbal Dated this4t1,December 2021

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 761 OF 2016 Prem Bairam Nichani &Anr.

...Plaintiffs

Versus

Ishwar Aangan Co-Operative Housing Society Ltd.

& Ors.

. . . Defendants CONSENT TERMS BETWEEN THE PLAINTIFFS AND DEFENDANTS NOS. I AND 2.

Dated this day of December, 2021