MOHANLAL G.KUKREJA Vs. ARVINDKUMAR SHRIKISHANDAS DELHIWALA

JUDGEMENT

(1.) THIS Miscellaneous Petition is filed by the Petitioner Mohanlal G.Kukreja, praying that the grant of Probate in favour of Respondent Nos.1 and 2 of the Will made by the deceased Ramanlal Chimanlal Shah be revoked.

(2.) THE case of the Petitioner is short, is that he is the landlord of the building, "Commercial Chambers" situated at 72/80, Nagdevi Cross Lane, wherein the deceased Ramanlal Chimanlal Shah was carrying on business in the shop No.80 in the said building, till his death as sole proprietor of firm M/s. Ramanlal Chimanlal and Company. It is further the case of the Petitioner/ landlord that under the said Probate and purported will, Respondent Nos.2 and 3 are claiming tenancy right in respect of the said shop.

(3.) IT appears from the proceedings that the said Ramanlal Chimanlal Shah died intestate in Bombay on 07.02.1976. It also appears that the landlord filed Suit being R.A.E.&R. Suit No.61/317 of 1977 for eviction and other reliefs against the heirs and legal representatives of the deceased Ramanlal Chimanlal Shah, and the present Respondent Nos.1, 2 and 3, namely, Arvindkumar Delhiwala, Urmila Delhiwala and Salil Shah, and that, the said Suit is still pending. These Respondents who are Defendant Nos.2 to 4 in that Suit have filed their written Statement.