GURDEV KUMAR Vs. GURDIAL KAUR ALIAS JASWANT KAUR

JUDGEMENT

(1.) IN view of the law laid down in the case of Shiv Shakti Coop. Housing Society Nagpur v. M/s. Swaraj Development and others, 2003(2) RCR(Civil) 676 (SC) : JT 2003(4) SC 255, the revision petition filed by the petitioner under section 115 CPC is not maintainable.

(2.) FACED with this difficulty, the learned counsel submits that the present revision petition be treated as petition under Article 227 of the Constitution of India. The prayer made by the learned counsel is allowed.

(3.) CERTAIN facts may be noticed : The plaintiff filed a suit or possession of the land. It was claimed that a will dated August 14, 1957 alleged to have been executed by Jagir Singh in favour of defendant No. 1 is null and void and also that the decree suffered by Gurdial Kaur in favour of Kamaljit Kaur and Ranvir Kaur is also null and void qua the rights of the plaintiff since the property in question was joint Hindu family ancestral property. Various other pleas were also taken which are not necessary to be noticed, at this stage.