Arun Tandon, J. - (1.) Heard. Shri R.P. Tewari on behalf of the petitioner, Shri V.K. Burman, Senior Advocate on behalf of the respondents No. 2 and 3, Standing Counsel on behalf of respondent No. 1.
(2.) The property described as Bagh Bundela situate in Vrindavan City at Mathura comprising of a house and vacant land more precisely described in the plaint, was the property of princely state known as Datia State situate in the State of Madhya Pradesh. After India was declared independent the ruler of the Datia State signed an instrument of accession of the State to the Dominion of India. At that stage Inventories describing personal property of the ruler of Datia State and the state properties were finalized. According to the petitioner the property in dispute was the state property hence under the agreement dated 26,12.1949 it vested in the State of Madhya Pradesh. The petitioner as such was in possession over the same through its tenant. The property has been recorded as state property in the municipal records of Mathura more precisely under the management of the Gwalior Division, Gwalior.
(3.) The respondent No. 3 however executed a registered sale deed in respect of the said Bagh Bundela in favour of Smt. Suman Agrawal, respondent No. 2. Since according to the State of Madhya Pradesh the ex ruler had no title over the property the transfer executed by him was a nullity. The State of Madhya Pradesh, therefore, filed Original Suit No. 79 of 1984 for a declaration that the sale deed dated 1.11.1983 was null and void.;