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In The Matter Of Goods Of Rai Bahadur Kunwar Girwar Singh - TESTAMENTARY SUITS No. 1 of 1973  RD-AH 103 (3 January 2007)
TESTAMENTARY SUIT NO. 1 of 1973
In the matter of goods of late
Rai Bahadur Kunwar Girwar Singh (deceased)
Hon'ble Sunil Ambwani, J.
Reference order dated 6.12.2006, the brothers have sorted out their differences. Shri Radhey Shyam, has deposited Rs. 12.50 Lacs, is represented by Shri J.P. Pandey. Shri Ram Swarup, who has deposited Rs. 15 Lacs to show the bonafides of his offer for both the shops and first floor, is represented by Shri Manish Goel. Both the parties agree that the portions of shops in their occupation, namely shop No. 343A in possession of Shri Radhey Shyam and Shop No. 343-B in possession of Ram Swaroop with respective portions on first floor immediately above these shops, will be purchased by them. The staircase and the gallery will remain common. The first floor portion immediately over shop No. 343A will fall in the ownership of Shri Radhey Shyam and first floor portion immediately over the shop No. 343 B will fall in the share of Shri Ram Swaroop. In this manner, both the brothers will share the property in equal shares. Shri J. Nagar, Administrator General will return Rs. 5 lacs to Shri Radhey Shyam and Rs. 7.5 Lacs to Shri Ram Swaroop. They will as such contribute and pay Rs. 7.5 lacs each for purchase of the both the shops and the first floor just above these shops.
It is stated that the first floor portion over Shop no. 343 B is in possession of Shri Govind Saran; Shri Kanaiya Lal and Shri Murari Lal. Shri Radhey Shyam has no objection in case these three persons, who are his sub-tenants are directed to vacate it. The first lease deed executed by late Rai Bahadur Kunwar Girwar Singh and second lease deed by Administrator General did not authorise to the tenants to sub-let the shops. In the lease deed executed by late Rai Bahadur Kunwar Girwar Singh, the sub tenancy was subject to the lease deed. After the death of late Rai Bahadur Kunwar Girwar Singh, his properties under the orders of this Court are under the management of the Administrator General, UP. The lease deeds executed by late Rai Bahadur Kunwar Girwar Singh have been substituted by the lease deed executed by the Administrator General, UP and now the sub tenants namely Shri Govind Saran; Shri Kanaiya Lal and Shri Murari Lal have no right to occupy these shops. The court is informed that they are not doing any business in the shops and are using the rooms only for storage purpose.
Shri Govind Saran; Shri Kanaiya Lal and Shri Murari Lal will vacate the first floor as they have no right to occupy the same. Directions are issued to the District Magistrate and Senior Superintendent of Police, Mathura to get first floor of Shop No. 343A vacated within a period of six weeks. The Administrator General, UP will serve a notice of thirty days on them by registered post and fix a date for handing over possession.
The Administrator General, UP will execute the sale deed in respect of portions as directed above in favour of Radhey Shyam and heirs of Shri Ram Swaroop respectively. The purchaser will pay the entire arrears of rent in equal shares before the execution of sale deed.
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