MANJU PURI Vs. RAJIV SINGH HANSPAL

JUDGEMENT

(1.) This appeal has been filed against the Division Bench judgment dated 13.04.2017 of Calcutta High Court dismissing the appeal filed by the appellant against the judgment and order of learned Single Judge dated 24.08.2015 rejecting the application filed by the appellant for revocation of probate dated 04.06.1982 in relation to Will of one Surjan Singh Randhawa.

(2.) Brief facts necessary to be noticed for deciding this appeal are:

(3.) In April, 1984, Smt. Beena Kumari Mehra filed a suit against Smt. Gian Hanspal for partition of the property including the premises 5/1C Belvedere Road, Kolkata. In the suit Smt.Gian Hanspal was impleaded as defendant. In the suit Smt. Beena Kumari Mehra claimed that after the death of Smt. Harnam Kaur Randhawa, the mother of the plaintiff, she along with her sister, Smt. Gian Hanspal became entitled to share in the property. In the suit written statement was filed by Smt. Gian Hanspal opposing the claim of the plaintiff. It was pleaded in the written statement that Smt. Harnam Kaur Randhawa has gifted the premises 5/1C Belvedere Road, Kolkata by registered Gift Deed dated 25.03.1964, the suit was claimed to be barred by time. Smt. Gian Hanspal died during the pendency of the suit on 24.02.1988 and her heirs were impleaded.