(1.) IN this application, the petitioners have sought orders for discharge of the respondent No. 1 as Administrator-De-Bonis-Non of the estate of Late Gertrude violet Chippendale, hereinafter referred to as the Testatrix, cancellation of a sale deed dated 14th August, 2006 executed by the respondent No. 1, in respect of premises No. 62/11, Ballygunge Circular Road, calcutta-700 019, hereinafter referred to as the said premises, and other consequential reliefs.

(2.) THE petitioner No. 1, a company incorporated under the Companies Act, 1956 and the petitioner No. 2, a school run by one Smt. Shalini Hingorani, are tenants at the said premises. The petitioner Nos. 1 and 2 claim to have been paying rent to the credit of the respondent No. 1. The petitioner No. 3, an indigenous church is an occupant of a portion of the said premises and has filed a suit for declaration of its right of adverse possession of the area occupied by it.

(3.) AT all material times, Premises No. 62 /11, Ballygunge Circular Road, calcutta-700 019 was owned by the testatrix, who died on 7th May, 1969. The respondent Nos. 8 to 19 are all beneficiaries of the Will executed by the Testatrix on 7th September, 1968. The said Will has duly been probated.

(4.) IN terms of the Will, about eight persons and/or organizations, named in the will were to be paid the amounts specified in the Will from out of the estate of the testatrix. The residue of the Estate was bequeathed to the Assembly of God Church.

(5.) THE testatrix had appointed Reverend daniel Mark Buntain, Executor of her Will. After the death of Reverend Daniel Mark buntain, the respondent No. 1, Reverend hanok Ghosh was appointed Administrator de-Bonis-Non.

(6.) IT appears that in compliance with the direction contained in the Will of the Testatrix, payments have been made to the Leper mission, St. Pauls Mission, Oxford Mission sisters, Blind School, Cheshire Homes, the step son of the Testatrix, his wife and two friends of the Testatrix.

(7.) THE property being Premises No. 62/11, ballygunge Circular Road, Calcutta-700 019, referred to above, has vested in the assembly of God Church. By a deed of sale dated 14th August, 2006 the respondent No. 1 has sold the said premises to the respondent Nos. 2 to 7.

(8.) MR. Surojit Nath Mitra appearing on behalf of the petitioner submitted that in terms of Will of the Testatrix, Reverend daniel Mark Buntain had been appointed executor. The said Reverend Daniel Mark buntain did not, during his lifetime, take any steps to sell the property for the purpose of distribution of the sale proceeds amongst the legatees mentioned in the Will.

(9.) REVEREND Daniel Mark Buntain had, as Executor, filed a suit for eviction against the petitioner No. 1 in the District Court at alipore. Against an order passed in the said suit, the petitioner No. 1 had appealed. While the said appeal was pending, Reverend daniel Mark Buntain died on 30th June, 1990.

(10) AS there were no other Executors named in the Will and none of the legatees had applied for grant of letter of administration, the learned District Judge, at Alipore passed an order on 16th November, 1990 substituting the Administrator General, government of West Bengal, as plaintiff in place of Reverend Daniel Mark Buntain.

(11.) MR. Mitra argued that the Administrator General, government of West Bengal, took over the asset of the Testatrix, as administrator and became solely entitled to represent the said property in terms of the will of the Testatrix.

(12.) MR. Mitra submitted that, suppressing the order dated 16th November, 1990, whereby the Administrator General, government of West Bengal had been appointed administrator of the Estate of the Testatrix, assembly of God Church made an application in the Court of the learned District Delegate, alipore for appointment of its Secretary being the respondent No. 1 as administrator De-Bonis-Non.

(13.) BY an order dated 23rd May, 1994 the learned District Delegate Alipo