RAJVIR Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of an appeal filed by the appellant, Rajvir under Section 299 of the Indian Succession Act aggrieved of the order dated 26.03.2009 passed by the learned Additional District Judge, Delhi in MPC No.06/2006 filed by the legal heirs of Late Sh. Madan Lal seeking revocation of the grant of letters of administration in favour of the appellant.

(2.) BRIEFLY stating the facts giving rise to the filing of this appeal are that one Sh.Gobind Ram, son of Sh. Asa Ram was the owner of property bearing no. A-1/69, Lajpat Nagar, New Delhi. He entered into an agreement to sell dated 7.6.1968 for sale of 100 sq. yds. of property no. A-1/69, Lajpat Nagar, New Delhi in favour of the appellant. The physical possession of the back portion of the property was handed over to the purchaser as per the terms and conditions of the agreement to sell. The front portion was in possession of the tenant and Sh. Gobind Ram promised to hand over the possession of the front portion after getting it vacated from the tenant. The sale deed was to be executed in favour of the applicant after obtaining sale permission from the office of L&DO. Instead of obtaining the sale permission, from the office of L&DO, Sh. Gobind Ram filed the suit no. 538/83 against the applicant and Sh. Sewa Ram for possession of the property and for setting aside of the sale agreement dated 7.6.1968. The written statement as well as the counter claim of specific performance of the agreement to sell dated 7.6.1968 was filed by the applicant. The suit was hotly contested by both the parties. Vide order dated 22.9.1987 Smt. K. Shamberwal, Sub- Judge dismissed the suit of Sh. Gobind Ram and decreed the claim of the applicant for specific performance of the agreement dated 7.6.1968 in respect of property no. A-1/69, Lajpat Nagar, New Delhi. Sh. Gobind Ram was directed by the court to execute the sale deed in favour of the applicant within thirty days from the date of the judgment failing which applicant was entitled to get the same executed through the court. Sh. Gobind Ram filed RFA No. 49/88 against the orders of Smt. K. Shamberwal, Sub-Judge in the High Court. The appeal was contested by the appellant. During the pendency of the RFA Sh. Gobind Ram expired. The appellant moved CM. No. 1349/92 praying that no legal heir of the deceased had taken steps to bring him or her on record within the period of limitation and on this application Hon'ble Mr. Justice P.N. Nag passed the order dated 29.10.1993 that the appeal stands abated and was accordingly dismissed. The appellant moved an application in the court of Sh. S.K. Sharma, Sub-Judge for compliance of the order. Ld. Sub-Judge appointed Sh. Kunwar Pal Sharma, Naib Nazir of the court to execute the sale deed. Hence the sale deed was executed in favour of the applicant on 27.4.1994. Thus the appellant became the owner of 100 sq. yds. of property no. A-1/69, Lajpat Nagar, New Delhi. The balance sale consideration of rupees eight thousand was also deposited by him in the court of Sh. S.K. Sharma, ld. Sub-Judge.

(3.) THE learned ADJ taking note of the provisions contained under Section 263 of the Indian Succession Act observed that in the present case, the respondents were able to show that there was a just cause for revoking the letters of administration granted to the appellant. Before making reference to the reasons given by the learned ADJ in the impugned order, I may mention the provisions contained under Section 263 of the Indian Succession Act which reads as under: