KARTAR SINGH Vs. ADMINISTRATOR GENERAL OF BIHAR

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the Patna High Court is directed against an order dated 10-9-1956, passed by Ramaswami, C.J., in Testamentary Case No. 1 of 1953 whereby he recalled his order dated 5-8-1955, and cancelled the direction given by him in that order.

(2.) It is necessary to mention the facts which are as follows: One Mahadeo Halwai died in October, 1951, leaving a two storeyed pucca house and certain premises in Holding No. 90 of Jugsalai, a suburb of Jamshedpur, as his only property. I will refer to these premises as the disputed house in the rest of this judgment. One Bihari Bania, claiming to be a brother of Mahadeo, applied along with others to the District Judge of Manbhum-Singhbhum for grant of letters of administration in respect of the estate of deceased Mahadeo. This application was dismissed on 2-4-1952. Bihari died on the 17th August of the same year. On the 3rd February, 1953, the Administrator General (who was then Mr. G.P. Shahi) filed an application for grant of letters of administration to him in respect of Mohadeo's estate under Section 7 of the Administrator General's Act, 1913 (hereinafter to be referred to as the Act). This was registered as Testamentary Case No. 1 of 1953. Mewa Lal and others, claiming to be heirs of Mahadeo, filed an objection. They gave the following genealogical table in order to show their relationships with Mahadeo. <FRM>JUDGEMENT_349_AIR(PAT)_1959Html1.htm</FRM> By his order dated the 4th August, 1953, Ramaswami, J., (as he then was) granted letters of administration to the Administrator General under Section 7 of the Act in respect of Mahadeo's estate, and, so far as the objection of the objectors was concerned, he observed:

(3.) The appellant, Sardar Kartar Singh, appears to have negotiated with Musammat Phulkalia, her son Nath Ram and the sons of Duli for purchase of the disputed house, and they executed a registered agreement on 5-10-1953, to sell the disputed house to him for a consideration of Rs. 15,000/-. On the 19th November 1953, he obtained a lease of the said house from the Administrator General on a monthly rental of Rs. 497/-. On the 16th January, 1954. Phulkalia filed an application before the District Judge of Manbhum-Singhbhum for grant of a succession certificate in respect of Rs. 900/- as arrears of rent due in respect of the disputed house from a certain tenant named Bishambhar Maharaj. A succession certificate was, accordingly, granted to her on the 20th April, 1954; but, before that date, i.e., on the 31st March, 1954, a sale deed in respect of the disputed house executed by her and other persons, who had joined her in executing the agreement to sell the house, was registered.