STATE OF RAJASTHAN Vs. AJIT SINGH

JUDGEMENT

(1.) The State of Rajasthan has preferred these Special Leave Petitions assailing the common judgment of the High Court of Delhi at New Delhi passed in FAO(OS) No.347/2012 and CM APPL. Nos.15602/2013, 20920/2022, 47492/2022; FAO(OS) No.348/2012, CM APP. Nos.46546-47/2022 and 3579/2023; and FAO(OS) No.211/2013.

(2.) In State of Rajasthan vs. Lord Northbrook, (2021) 16 SCC 400 ('State of Rajasthan'), the facts are that Sri Raja Sardar Singh, (aforesaid testator) had died on 28/1/1987 without any legal heir. However, he had executed a Will on 30/10/1985 and a Codicil on 7/11/1985. On the basis of the Will/Codicil, a trust called 'Khetri Trust' was constituted with four trustees. Based on the Will, one Parmeshwar Prasad and the trustees of the Khetri Trust filed a testamentary case seeking probate of the Will as well as the Codicil. The agnates of Sri Raja Sardar Singh (testator) raised objections against the grant of probate. When the matter was pending before the learned Single Judge of Delhi High Court, it was stated that the Rajasthan Escheats Regulation Act, 1956 had already been invoked and the State of Rajasthan had taken possession of some of the properties of the testator. The learned Single Judge of the Delhi High Court dismissed the Testamentary Case No.26 of 1987 and held that it was for the State of Rajasthan to decide in accordance with law in pursuance of the proceedings taken under the Rajasthan Escheats Regulation Act, 1956. The executors of the Will/trustees preferred an appeal against the said judgment before the Division bench of the Delhi High Court. By the impugned common judgment, the probate of the Will/Codicil of the testator (Sri Raja Sardar Singh) has been granted. It is against the said common judgment that the State Government has preferred these Special Leave Petitions.

(3.) In this regard, Sri S.V. Raju, learned senior counsel appearing for the petitioner submitted that there is already a judgment of this Court in Civil Appeal No.6677 of 2019 (State of Rajasthan vs. Lord Northbrook) dtd. 28/8/2019 that had arisen with regard to the very same subject properties. He therefore submitted that since there has been escheat of the properties of the testator, the State of Rajasthan has the locus standi to assail the judgment of the High Court wherein the probate has been granted to the legatees of the Will of the deceased testator.