MA No. 2910 of 2017. Case: Jainul Hasnain Vs Noorul Hasan @ Ali Kaukab and Others. High Court of Allahabad (India)

Case NumberMA No. 2910 of 2017
CounselFor Appellant: Harsh Vikram and Dharm Vir Jaiswal, Advs. and For Respondents: Dileep Kumar Yadav, Adv.
JudgesManoj Misra, J.
IssueConstitution of India
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)


Manoj Misra, J.

Heard learned counsel for the petitioner and Sri R.A. Qureshi for the respondent no. 1.

The present petition arises out of a dispute between two persons as to who would have a right to pursue the execution as a legal heir and representative of the deceased decree holder.

It appears that a Will was set up by one set of person and the other set of person had claimed by way of natural succession. The execution court had discarded the right on the basis of the Will on the ground that since the decree was in respect of specific performance of an agreement and on the date of death of the testator, no right on the property had accrued to the testator, therefore by Will there could be no transfer of any right to the beneficiary under the Will and otherwise also there was some observation in respect of validity of attestation of the Will. The revisional court set aside the order passed by the execution court and remanded the matter back for consideration on issue as to what would be the effect of non cancellation of a registered Will in favour of the person who had set up that Will.

The present petition has been filed challenging the revisional court's order dated 21.3.2017 on the ground that the revisional court had not properly addressed various aspects which have been taken note of by the trial court and therefore the order passed by the revisional court...

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