ARUN BARAN COOMAR Vs. SANJAY KUMAR SHARMA

JUDGEMENT

(1.) This is an application for revocation of a grant of probate in common form of Arun Baran Coomar granted by this Court in PLA No.254 of 2002 on 17th September, 2002.

(2.) The probate was granted in common form to the last will and testament of the said deceased.

(3.) The widow and son of the deceased in or about 18th March, 2002 had entered into an agreement for sale of undivided 50% share of the premises in question for a consideration of Rs.3.75 lakhs out of which Rs.1.25 lakhs was paid by the petitioner Nos.1 and 2 as earnest money. The widow and son of Arun Baran Coomar on the same date had entered into an agreement with the petitioner Nos.3 and 4 to sell the balance undivided portion of the premises in question for a consideration of Rs.1.75 lakhs and had received Rs.1.25 lakhs as consideration earnest money. On 27th March, 2002 the widow and son of the testator cancelled the agreement dated 18th March, 2002 following which on April 1, 2002, an advertisement was published in a newspaper on behalf of the petitioners about the existence of an agreement for sale. In or about 27th March, 2002, the legal heirs of Arun Baran Coomar cancelled the agreements on ground of alleged non-performance. As a consequence thereof two suits were instituted on 5th April, 2002 being Title Suit Nos.513 and 514 before the City Civil Court at Calcutta for seeking specific performance of the agreement both dated 18th March, 2002. In the said proceeding on 6th April, 2002, an order was passed restraining legal heirs of Arun Baran Coomar from entering into an agreement with any third party with respect to the suit property. The mother of the testator Arun Baran Coomar by a communication dated 9th April, 2002 asserted that on the death of his son she along with her daughter-in-law Smt. Ashoka Coomar and grandson Somnath Coomar jointly became entitled to the estate of Arun Baran Coomar having one-third share each in the said property. Thereafter, on 31st July, 2002 consent affidavits purportedly signed by Ashoka Commar and Somnath Coomar were filed in PLA No.252 of 2002. The mother of the testator Smt. Pankajini Coomar also filed a consent affidavit on 26th August, 2002. On the basis of the consent affidavits and the affidavit of one of the attesting witnesses on 17th September, 2002, a probate was granted in common form to the last will and testament of Late Arun Baran Coomar.