GURDIAL SINGH Vs. RASHPAL 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, JT 2003(4) SC 255 : 2003(2) RCR(Civil) 676 (SC) 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.) THE plaintiff-petitioner has filed a suit for joint possession. He is claiming ownership on the basis of a Will dated February 14, 1974 alleged to have been executed by Kartar Singh. Additionally, it was pleaded that the property in dispute was ancestral and, therefore, he was entitled to succeed to the same on the basis of the natural succession.