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In The Matter Of Goods Of Rai Bahadur Kunwar Girwar Singh - TESTAMENTARY SUITS No. 1 of 1973  RD-AH 3218 (13 February 2006)
Court No. 9.
Testamentary Suit No. 1 of 1973.
In the matter of goods of Rai Bahadur Kunwar Girwar Singh of Mathura
In the matter of application by Administrator General, U.P./Official Trustee, U.P. Allahabad under Section 25 of the Administrator General Act, 1937.
Hon. Sunil Ambwani, J.
Application No. A 256/1.
Heard Sri B.D. Mandhyan, Senior Advocate, assisted by Sri Satish Mandhyan for applicant, Sri Inder Mandhyan son of Sri Sobhamal Ji, resident of 37, M.G. Marg, Civil Lines, Allahabad on application No. A 256/1, and Sri J. Nagar, Administrator General, Sri Anshu Chaudhary appears for Smt. Bhajan Kaur, the occupant of the shop.
The properties of Sri Rai Bahadur Kunwar Girwar Singh under the administration of Administrator General, U.P. are the subject matter of the proceedings for sale, in pursuance of Section 51 of the Administrator General Act, 1963, read with Rules of Administrator General Rules of 1942.
Shop No. 1856, Tilak Dwar Mathura.
Shop No. 1856 Tilak Dwar, Mathura was advertised for sale in pursuance of which Sri Vipul Garg and Vijay Garg had made an offer of Rs. 3.50 lacs along with earnest money of Rs. 5,000/-. Their offer was accepted but they have withdrawn their offer. Sri Inder Mandhyan, one of the offerers of this shop, with earnest money of Rs. 5,000/- has made an offer of Rs. 3.25 lacs which has been increased by his counsel Sri B.D.
Mandhyan to Rs. 3.50 lacs. It is contended that the firm is ready to purchase the shop on ''as is where is basis' with knowledge that thereafter litigation and claims are pending against shop and land underneath.
Sri J. Nagar has no objection to the offer as it is equal to highest offer which was withdrawn. Sri Anshu Chaudhary has no objection provided that sale is made without prejudice to his rights.
In the facts and circumstances the offer of Sri Inder Manchyan of Rs. 3.50 is accepted. He may file a fresh Demand Draft of Rs. 5,000/- as earnest money within a week with return of the expired demand draft, and deposit the entire amount offered by it within one month. Put up confirmation of sale with the report of the Administrator General. This order disposes of application A-167 as well.
In respect of shop no. 343 of Sabzi Mandi, Chowk, Mathura.
Sri Murari Lal and Madan Lal, heirs of Sri Ram Swaroop have deposited Rs. 15 lacs . Let Administrator General give notice to all the nine bidders who had made their bids and fix a date in his office for fresh bid or negotiation as the case may be and submit a report to this Court.
In respect of shop No. 1855 Tilak Dwar, Mathura.
Sri Ram Babu Lal Garg has deposited the entire amount. Before the sale deed could be executed he expired. An application to sign and execute the sale deed in favour of his son Vijay Kumr is pending. The Administrator General was required to file his report. Sri J. Nagar, Administrator General has submitted his report stating that there is a family settlement
amongst the heirs of Late Ram Babu Lal garg , according to which they have agreed that the sale deed be executed in favour of Sri Vijay Kumar in respect of shop no. 1955. Let the sale deed be executed in favour Sri Vijay Kumar Garg.
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