Sat. Sep 19th, 2020

Bhai Sarabjit Singh @ Dr Sabi … vs Smt.Indu Sabharwal & Ors. on 5 October, 2015

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1. Following settlement agreement was arrived at between the parties in
FAO (OS) No.83/2007 when two suits, that is, suit for partition being CS
(OS) Nos.1698/2007, suit for injunction CS (OS) No.684/2008 and
Testamentary Case No.2/2008 were pending adjudication inter se the
parties:
2. After the settlement Bhai Sarabjit Singh, the appellant herein filed a
suit being CS (OS) No.753/2014 against the three respondents/defendants,
that is, Indu Sabharwal, the step mother, Ms.Nisha Singh and Ms.Tara
Sabharwal, the two sisters seeking declaration of the settlement agreement
dated August 06, 2010 entered into between the parties which culminated
into the decree dated November 08, 2013 in CS (OS) No.1698/2007 as null
and void on account of fraud and misrepresentation being played upon the
plaintiff by the defendants. In the suit Bhai Sarabjit Singh claimed that he
and defendant Nos.2 and 3, that is, Ms.Nisha Singh and Ms.Tara Sabharwal
are the children of Sardar Tirlochan Singh and Mrs.Manjit H.Singh and
defendant No.1 Smt.Indu Sabharwal the second wife of Bhai Tirlochan
Singh. In the plaint Bhai Sarabjit Singh pleaded the facts relating to
previous litigations inter se the parties and the settlement agreement. It was
further pleaded that immediately after the settlement agreement Indu
Sabharwal changed and without waiting for the valuation started breaching
the settlement by not providing support to the plaintiff in the probate case of
his grandmother being Testamentary Case No.108/2008 as agreed and did
not permit the plaintiff to withdraw his share of money or quick valuation of
property No.9, Amrita Shergill Marg, New Delhi, started pressing for a
decree in terms of the settlement agreement without withdrawing the suit
and illegally withdrew, misappropriated huge sums of money as were lying

in the form of investments, bonds, shares, debentures, mutual funds etc. It
was pleaded that it was never the spirit of the settlement agreement to get a
decree which would result in heavy taxation on the plaintiff due to the high
value of the suit properties. It was pleaded that after the settlement
agreement dated August 06, 2010 defendant No.1 filed I.A.No.14651/2013
in CS (OS) No.1698/2007 for sale of all the assets of Bhai Tirlochan Singh
which was in negation of the settlement agreement. It was pleaded that the
defendant No.1 by deliberate acts of fraud and misrepresentation got the
plaintiff to sign the settlement agreement by concealing and suppressing
material facts that the defendant No.1 had already withdrawn the entire
money from the estate of Bhai Tirlochan Singh and if the plaintiff knew
about it, he would have never agreed to settlement and thus the settlement
agreement was entered into by playing fraud upon the plaintiff and the
plaintiff has a right to get the same declared as null and void. Though no
summon was issued in the suit and no caveats were filed however, counsels
for defendants appeared before the Court and contended that the suit was not
maintainable.

Source: Indian Kanoon

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