JUDGMENT - PATIL J.A., J.:This is a petition under section 263 of the Indian Succession Act, 1925 for revocation of the grant of probate made in favour of the respondent in Petition No. 987/2002. The relevant facts necessary for deciding this petition may be briefly stated as under:

2. One Dr. Mrs. Roshan Sam Boyce died intestate at Mumbai on 19th day of November 2001, leaving behind her a sister and two brothers as her only legal heirs. The deceased had made a Will dated 21st June, 1989 under which she had appointed the respondent as sole executor. The respondent is the natural son of the sister of the deceased and according to him, he was adopted by the deceased. The deceased left behind her certain properties including a house called "Villa Hormuzd" situate at 8-A, Carmichal Road, Mumbai-400 026. It appears that the said house was in occupation of one Ramprasad Gupta, who claimed to be the tenant in the said property. The respondent being the sole executor, filed Petition No. 987/2001 for grant of probate. The said petition was opposed by the said Ramprasad Gupta who filed a caveat. The petitioner then took out Chamber Summons No. 431/2002, praying for discharging the caveat file

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