AMINUDDIN GULAB SHAIKH Vs. MINAXIBEN MAHENDRA KUMAR SHAH

JUDGEMENT

(1.) By this petition, petitioner seeks revocation of probate dated 7th July 2000 granted by this Court in Probate Petition No.1156 of 1998 to the extent of Item No.8 of ScheduleI and for an order and direction against the first respondent to surrender the said probate dated 7th July 2000 to this Court.

(2.) It is the case of the petitioner that by deed of conveyance dated 27th July 1982 between Mr Amratlal Gordhandas Sonawala as Vendor and four purchasers viz. (1) Smt. Kumudben Bhanubhai Shah, (2) Shri Aminuddin Gulab Shaikh (petitioner herein), (3) Mrs Jayaben Kanchanlal Shah (deceased testatrix) and (4) Rajendra Jitendra Shah, a plot of land described as plotB being portion of land bearing Survey No.112 CTS No.492 (1, 2, 3, 4 and 5) of village Eksar Pahadi admeasuring 1324.60 sq. meters was purchased by all the purchasers jointly. It is the case of the petitioner that though all the four purchasers were party to the said deed of conveyance, their respective share was not mentioned in the deed of conveyance.

(3.) On demise of Mrs Jayaben Kanchanlal Shah one of the coowner of the said plot who had executed a Will, the Executor filed testamentary petition (1156/98) in this Court for grant of probate. Mr Raymond, learned counsel appearing on behalf of the petitioner invited my attention to Clause (5)(B) of the Will and Testament left by said Mrs Jayaben Kanchanlal Shah. English translation of Clause(5)(B) of the said Will is extracted as under :