- (1.) RAKESH Tiwari, J. Heard Counsel for the petitioners.
(2.) BRIEFLY stated, the facts of the case are that the institution-Basic Primary Pathshala Alayee (Balak) is tenant on a monthly rent of Rs. 75/- of a building bearing old No. 1252 and new No. 1371, Mohalla Alyaes, Mauranipur, Jhansi, which is owned by one Smt. Bhawani Bai w/o Sri Govind Das Bichpuria. The petitioners claim that Smt. Bhawani Bai proposed that if name of institution is changed in the name of her late husband as 'sri Govind Das Bichpuria Primary Pathshala Alayee (Balak), Mauranipur, Jhansi' she would donate the building by a registered will deed in favour of the institution. The petitioners claim that the aforesaid proposal was accepted by Basic Shiksha Adhikari, Jhansi on 2- 12-1993 and permission for change of the name of institution was accorded with the condition that registration fee for transfer of the building in the name of the petitioner would have to be borne by Smt. Bhawani Bai. Accordingly, the name of the institution was changed as requested by Smt. Bhawani Bai and all correspondences started in the changed name of the institution.
(3.) THE petitioners allege that Smt. Bhawani Bai was issueless and died on 28-11-1995 leaving no heir behind her. THEy claim that on her death, they became owners of the building, in dispute. A notice dated 1-12-1998 was served upon the petitioners by respondent No. 2 claiming himself to be owner of the building, in dispute on the basis of a Will deed said to have been executed by late Smt. Bhawani Bai on 22-12-1995. He also instituted Small Cause Case No. 23 of 2000, Purshottam Das Potedar v. State of U. P. , claiming himself owner of the disputed building, which was decreed in his favour vide judgment and decree dated 10-5-2004 passed by Judge, Small Causes Court, Jhansi.;