HASMUKHBHAI DHANSUKHLAL KAPADIA Vs. DHARMESHKUMAR DHANSUKHLAL KAPADIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioners challenging the order dated 15.04.2019 passed by the Special Secretary, Revenue Department (Disputes), Ahmedabad (for short "SSRD") in Revision Application No. 79 of 2018.

(2.) Learned advocate appearing for the petitioners submitted that the proceeding pertaining to the property in question bearing City Survey No.2885/k/1/42 paiki of City Survey Ward No.3 of Surat City which was on rent for the period of 50 years. The entry was made in favour of the respondent No.1-the brother of the petitioners on the basis of registered Will could not be maintained in view of the submission that the property in question was not a purchased property, but was a rent property and moreover, the same was received by the father from his ancestors and therefore, had the nature of being an ancestral property for which the deceased father could not have made the Will and bequeathed the property in favour of respondent No.1.

(3.) As against this, learned advocate for the respondent No.1 submitted that the respondent No.1 had filed an application for Probate and the petitioners had filed their objections. The application for Probate is now converted into suit and therefore, the revenue proceedings will necessarily be subject to the outcome of the suit. He therefore, submits that as the entry is based on registered Will, the entry may not be disturbed and as is held by the SSRD, the ultimate outcome in the civil suit will rule the proceedings and therefore, also no interference is required.