- (1.) This is an application filed by the petitioner, inter alia, for the following orders: - (a) Leave be granted to the petitioners to serve notice of this application also on Smt. Rachna Maskara and Sri Amit Bhuwalka. (b) Interim order of injunction passed in the aforesaid suit on 27th July, 1959 be set aside and/or vacated. (c) Maharaja of Burdwan and his legal heirs and representatives be directed to execute the conveyance in respect of Tiretta Bazar Property being premises No. 22 (also known as 22B), Rabindra Sarani, Kolkata in favour of Ramawatar Saraf (HUF), Sanjay Saraf (HUF), Rishi Kumar Acharya, Jugal Kishore Jajodia (HUF), Mannalal Jajodia (HUF), Keshardeo Jajodia (HUF) and Sanwarmal Jajodia (HUF) within a period of 3 months from the date of passing of the order herein; (d) In default, the Registrar, High Court, Calcutta be directed to execute necessary conveyance as stated in prayer (c) above; (e) M/s. Orr. Dignam & Company, Solicitors & Advocate for the Maharaja of Burdwan of 29, Netaji Subhas Road, Calcutta, be directed to pay and/or refund the amount of s. 2,50,000/- and Rs. 3,00,000/- lying deposited with them in terms of the Hon'ble Court's order dated 17th December, 1962 together with interest thereon to the Maharaja of Burdwan and/or his legal heirs and representatives towards the full and final payment of the purchase price of the said property. (f) Registrar of Assurances, Calcutta be directed to register a conveyance in relation to Tiretta Bazar Property being premises No. 22 (also known as 22B), Rabindra Sarani, Calcutta on the basis of the valuation as fixed by the Hon'ble Court on 17th December, 1962. (g) The suit be dismissed as against he defendant Nos. 2(b) to 2(i); (h) The death of the defendant Nos. 1(a), (iv) and 2(a) be recorded; (i) A decree be passed in the instant suit in terms of prayers above.
(2.) Facts of the case briefly are stated hereinafter: - On 14th February, 1948 Maharaja of Burdwan granted lease in respect of premises No. 12, Lower Chitpur Road, Calcutta (hereinafter referred to as the said property) known as Tiretta Bazar property for a term of 56 years with an option for 33 years in favour of Sri Ganesh Properties (P) Limited. The initial period would expire on February 14, 2014.
(3.) On October 22, 1952 the Maharaja of Burdwan by an agreement agreed to sell the said Tiretta Bazar Property to one Sri Muralidhar Saraf, the predecessor-in-interest of the Saraf Group and by the same agreement, the premises No. 57, Clive Street was agreed to be sold by the said Maharaja to one Anandilal Poddar. A suit was filed by Sri Muralidhar Saraf and Anandilal Poddar against the said Maharaja for specific performance of the said agreement in or about 1953 (being the suit No. 2972 of 1953).;