PETER JOHN DSOUZA Vs. ARMSTRONG JOSEPH DSOUZA

JUDGEMENT

(1.) Both these petitions were heard together and are being disposed of by this common order. Both these petitions are filed under section 263 of the Indian Succession Act, 1925 (for short, "the Act") for setting aside the grant of letters of administration issued by this Court on 31-3-2011 in Petition No. 722 of 2010 in favour of the respondent on various grounds.

(2.) The petitioners in both the petitions claim certain rights in respect of few properties described in the Schedule appended to the petition for letters of administration filed by the respondent in this Court in respect of the estate of deceased Triza Domnic D'souza. The respondent claims to be the grandson of the said deceased.

(3.) Both the petitioners have urged before this Court that the grant obtained by the respondent is liable to be revoked on the just cause under section 263(a), (b) and (c) r/w Illustrations (v) and (vi) to section 263 of the Act. Mr. Korde, learned senior counsel appearing for the petitioners in Miscellaneous Petition No. 69 of 2012 and Mr. Damle, learned counsel appearing on behalf of the petitioners in Miscellaneous Petition No. 5 of 2013 submit that to the knowledge of the respondent the said deceased had left a Will dated 23-2-1966. The learned counsel invited my attention to the averments made in Testamentary Petition No. 722 of 2010 filed by the respondent in this Court and in particular paragraph 3 thereof.