GANPAT SHANKAR GAIKWAD Vs. JEHANGIR HORMUSJEE CAMA

JUDGEMENT

(1.) AFTER hearing the learned counsel for the appellant canvassing the impugned order of the learned Judge dated 17.9.1997 and after going through the impugned order we are unable to find any ground on merit to interfere with the impugned order.

(2.) ADMITTEDLY the appellant is neither a legal representative nor a heir of the original owner of the property in question by name Behram Savakha Panthaki who had executed a grant in favour of somebody, which grant was sought to be revoked by the appellant. As observed by the ld. Single Judge it is not known even during the appeal stage what was the capacity of the appellant to venture such legal proceedings in a court of law in a proceedings involving succession. It is widely known that the persons whose interest is very much involved or affected, are alone entitled to initiate proceedings but however certainly not by initiating litigation of this kind before this court or any other civil court, in as much as the appellant fails to prove that in what way he has derived any interest or title to the property of the original testator. We do not find any reason to differ with the view held by the ld. Judge.

(3.) HOWEVER , in so far as the appellant has not established any nexus or legal connection with the original grantor we fail to understand how he is entitled in law to initiate proceedings in question to seek reliefs of revocation of the grant made by the original grantor, in favour of some body. As observed by the ld. Single Judge if the right or interest is available for the appellant, it is always open for him to indicate the same before the appropriate forum in different proceedings but certainly not in these proceedings which in our view is highly speculative. In this context we find that the attempt made by the appellant before the court below as well as in this court by filing this appeal is thus without any merit.