M.C.Jain, J. - (1.) Applications : A-157, A-158 and A-I59.--The dispute relates to the estate of one Kunwar Girwar Singh, who died on 24.5.1971 leaving behind agricultural land and vast immovable properties situate in different cities of the State including Agra. He left behind neither any issue nor any near relative. Many persons claiming right to the properties by him filed testamentary suits. The Administrator General also filed testamentary suit claiming Letters of Administration in respect of the estate of the deceased. By judgment dated 1.8.8.1977 of this Court, all the suits were decided. Except the suit filed by the Administrator General, all of them were dismissed. This Court issued Letters of Administration to the Administrator General, U. P., in respect of the estate of the deceased with the direction that he would manage the properties till the rights of the parties are determined by civil court. Various appeals filed against the judgment dated 18.8.1977 were also dismissed by a Division Bench of this Court on 23.10.1981.
(2.) Later on, the Administrator General made an application to this Court (A-155) being Misc. Application No. 28409 of 1998 under Section 25 of the Administrator General Act seeking direction to permit him to dispose of by transfer the uneconomical Immovable properties of the deceased which were under his administration and were shown in Annexure-2 to the application. By order dated 8.9.1998, this Court allowed the application of the Administrator General. The controversy at hand relates to the property situate at Agra, viz., building No. 21/115. Dhuliyaganj, Agra, which too finds place in Annexure-2 to the application A-155 that had been moved by the Administrator General under Section 25 of the Administrator General Act seeking direction to permit him to dispose of by transfer the uneconomical Immovable properties of the deceased.
(3.) A-157 is an application by C.P. Public Inter College, Dhuliyaganj, Agra, through its Manager Surendra Pal Singh for staying the operation of the order dated 8.9.1998. A-158 is another application by the said applicant for recalling the said order dated 8.9.1998 in respect of the property aforesaid. An affidavit has been filed in support of the aforesaid application. A-159 is another application by the said applicant for being impleaded as respondent in the case. It is also supported by an affidavit of Surendra Pal Singh, Manager of the institution. The pith and substance of the case put forth by the said applicant is that the property in question really belongs to C.P. Public Junior High School, now called C.P. Public Inter College, Dhuliyaganj, Agra, since 5.11.1963 on which date it was purchased by the said institution through a registered sale deed executed by Ram Raksha Pal Singh. History of the ownership of this property has been traced that earlier it belonged to Smt. Chandra Kala Devi, wife of Kunwar Girwar Singh. Smt. Chandra Kala Devi was the daughter of Smt. Gopi Devi wife of Chhatra Pal Singh. Gopi Debi had acquired the same from Banaras Bank Ltd., Agra by a registered sale deed dated 16.7.1942. Ram Raksha Pal Singh was the brother of Smt. Chandra Kala Devi. After the death of Gopi Devi the said property had devolved upon Smt. Chandra Kala Devi wife of Kunwar Girwar Singh. In 1951 Original Suit No. 469 of 1951. Smt. Chandra Kala Devi v. Chhatra Pal Singh and others was filed in the Court of Munsif, Agra, for ejectment and recovery which was partly decreed on 25.4.1953. On 5.11.1963 Ram Raksha Pal Singh sold the property in question to C.P. Public Junior High School, Agra. Copy of the sale deed has been annexed as Annexure-2 to the affidavit. The name of C. P. Public Junior High School, Dhuliyaganj, Agra, now called C. P. Public Inter College, Dhuliyaganj, Agra, was mutated also in revenue records in pursuance of the sale deed dated 5.11.1963. It has also been submitted that after the death of Smt. Chandra Kala Devi, her husband Kunwar Girwar Singh had tried to execute the Judgment and decree dated 25.4.1953, passed by Munsif. Agra in O.S. No. 469 of 1951 but he failed for want of locus standi. Copy of the order dated 12.8.1969 passed by the then Munsif, Agra has been filed as Annexure-6 to the affidavit. It is stated that the property never belonged to and had never been in possession of Kunwar Girwar Singh in respect of whose estate Letters of Administration had been granted to the Administrator General by this Court on 18.8.1977 without considering the above facts and the impact of the judgment dated 25.4.1953 and 12.8.1969 in execution proceedings arising therefrom.;