1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION MIST.PETITION NO.34 OF 2008 IN TESTAMENTARY PETITION NO.14 OF 2007 Thomas P. Gonsalves .. Petitioner Versus Anton P. Gonsalves .. Respondent Mr.Atul Damle with Ms.L.Bachani i/b. I.R.Joshi for petitioner Mr.T.J.Jain for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 14th November 2008 P.C. . Grant of letters of administration without a will in respect of an immovable property Exh.A which has been listed as Item No.2 to the Schedule of Assets to the testamentary and Intestate Petition No.14 of 2007 is sought to be revoked by this petition. Letters of Administration are issued on 23rd March 2007 and it is alleged by the petitioners before me that 2 they are fully entitled to the land which is described at Annexure A to the petition. After tracing their title to the property, it is contended that the petitioners are owners of the property. 2. However, while Testamentary and Intestate Petition No.14 of 2007 was filed by the respondent and Letters of Administration were granted in respect of property of the deceased, Thomas Gonsalves, it was stated that the deceased was the owner of the said property. A fraud is played upon the Court by asserting the ownership of the deceased and now in the affidavit in reply, it is contended that the lands in question are agricultural lands and deceased was claiming to be a cultivator and was granted permanent rights under a writing executed in the year 1973. Thus, the full and complete ownership of the deceased is not ascertained but it is contended that he was a tenant in cultivation. 3 3. When the attention of learned Counsel for petitioner was invited to the fact that proceedings under section 70(b) of Bombay Tenancy and Agricultural Lands Act, 1948 are pending and even otherwise, the petitioners can assert their right, title and interest in the immovable property irrespective of the grant of Letters of Administration, all that is contended is that appropriate clarifications be issued so that competent authorities or courts adjudicate the matter without being influenced by the grant. 4. When the petitioners themselves do not dispute the pendency of the above proceedings and further that they are parties thereto, it is needless to state that the authorities under the Bombay Tenancy Act so also the Civil Courts, if approached will adjudicate and decide all issues including that of title without being influenced by the Letters of Administration issued on 23rd 4 March 2007 in favour of respondent, but on merits of the pleas raised and on the basis of materials produced by both sides. 5. All contentions in that behalf of both sides are kept open and the Court must proceed uninfluenced by the grant of LOA. Petition disposed of accordingly. However, to enable the parties to adopt appropriate proceedings, interim orders in this petition to continue for a further period of four weeks. No Costs. (S.C.Dharmadhikari, J)