JOSEPH ANTONY LAZARUS Vs. A J FRANCIS

JUDGEMENT

(1.) One Mrs. Solomon Lazarus was the owner of Plot No. 85, Trustpuram Scheme, since re-numbered as No. 9, III Cross Street, Trustpuram, Kodambakam, Madras - 600024. She died on 27th November, 1983 at Madras leaving behind her surviving two daughters, namely, Mrs. Wood and Mrs. A.J. Francis and four sons, namely, Joseph Lazarus, Cecil Lazarus, Benjamin Lazarus and Thomas Lazarus. It appears that Mrs. Solomon Lazarus executed a Will dated 5th July, 1979 in the presence of witnesses, but the same was registered with the Sub-Registrar, Kodambakam, on 7th July, 1980.

(2.) One of the sons of the deceased, Joseph Antony Lazarus applied for grant of probate of the Will on 18th October, 1984 and the same was numbered as O.P. No. 300/1984. In his application, the propounder did not disclose the names of any other persons having an interest in the estate of the deceased and consequently probate was granted to him on 18th October, 1984. One of the two daughters of the deceased, Mrs. A.J. Francis, filed an application, being No. 463/1985, in the probate proceedings praying that the probate granted to Jospeh Antony Lazarus be revoked since she had not been made a party to the proceedings despite being the daughter of the testatrix. On 28th February, 1985, the learned single Judge who had granted the probate earlier, revoked the said grant and upon such revocation, the application filed by Joseph Antony Lazarus was re-numbered as T.O.S.No.11/1985 with Joseph Antony Lazarus as plaintiff and Mrs. A.J. Francis as the defendant, to consider the question whether the Will dated 5th July, 1979 said to have been executed by Mrs. Solomon Lazarus was valid and genuine or not or whether the Will had been vitiated by coercion and undue influence by the beneficiary therein.

(3.) For an understanding of the case made out by the parties, the facts in brief are set out hereinbelow :- Mrs. A.J. Francis, the respondent in this appeal, claimed in her application for revocation of the grant of probate in favour of Joseph Antony Lazarus that her mother, Mrs. Solomon Lazarus, was working as a House Keeper in Raj Bhavan, Madras, on a meagre salary and had retired from service in the early 1950s. The elder sister of the respondent was married in 1951 and had left the family. The respondent was married to one D.A.J. Francis who was working as II Engineer on a vessel which required him to leave India from time to time. As a result, the respondent was staying with her mother in Madras. The further case made out by the respondent is that in 1955 her husband applied to the City Improvement Trust, Mount Road, Madras, to enable him to get a house-site allotment in the city of Madras. Pursuant thereto, he was allotted Plot No. 85, Trustpuram Scheme which was subsequently re-numbered No. 9, III Cross Street, Trustpuram, Kodambakam, Madras- 600024, which was the subject-matter of the purported Will.