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2013 Supreme(Bom) 1677

R.D.DHANUKA
Aminuddin Gulab Shaikh – Appellant
Versus
Minaxiben Mahendrakumar Shah – Respondent


Advocates Appeared:
For the Petitioner:R.S. Raymond a/w V.P. Shastri i/b M/s Raymond & Co., Advocates. For the Respondents:R1 to R3, Bhavin Bhatia, Advocate.

JUDGMENT :

By this petition, petitioner seeks revocation of probate dated 7th July 2000 granted by this Court in Probate Petition No.1156 of 1998 to the extent of Item No.8 of Schedule-I and for an order and direction against the first respondent to surrender the said probate dated 7th July 2000 to this Court.

2. It is the case of the petitioner that by deed of conveyance dated 27th July 1982 between Mr Amratlal Gordhandas Sonawala as Vendor and four purchasers viz. (1) Smt. Kumudben Bhanubhai Shah, (2) Shri Aminuddin Gulab Shaikh (petitioner herein), (3) Mrs Jayaben Kanchanlal Shah (deceased testatrix) and (4) Rajendra Jitendra Shah, a plot of land described as plot-B being portion of land bearing Survey No.112 CTS No.492 (1, 2, 3, 4 and 5) of village Eksar Pahadi admeasuring 1324.60 sq. meters was purchased by all the purchasers jointly. It is the case of the petitioner that though all the four purchasers were party to the said deed of conveyance, their respective share was not mentioned in the deed of conveyance. According to the petitioner, petitioner was entitled to 48.25 % share in the said plot in view of larger amount paid by the petitioner towards consideration for purchas











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