R VENKATACHALAM Vs. G M MASCARENHAS

JUDGEMENT

(1.) This appeal is directed against the Order dated 13th March, 1990 made by the learned Probate Judge of this Court in Probate C.P. No. 13/89.

(2.) The facts leading to this appeal may bestated briefly and they are as follows: One Dr. G.M. Mascarenhas filed Probate C.P. No. 13/89 in this Court seeking probate of the last Will and testamentary disposition of one Miss. A.B. Madappa also known as Babs, since deceased. The Court admitted the petition and issued direction for citation, in one issue of Times of India dated 2-9-1989, that direction was carried into effect by the petitioner in the Probate Court. But even before the citation was given effect to by the Court, the appellant before us had entered caveat in probate Court and, therefore, the question arose in the Probate Court whether the appellant before us could be said to have locus standi to enter caveat. In deciding that question, the learned Judge has considered the provisions made in Section 283(1)(c) of the Indian Succession Act read with Section 284(1) of the same Act. In the course of the order made, the learned Judge has chosen to place reliance on the decision of the High Court of Madras in the case of M.K. Sowbhagiammal and Another v Komalangi Ammal and Another, AIR 1928 Madras 803, wherein Venkatasubba Rao, J., held that "interest in the estate of the deceased" occurring in clause (c) of sub-section (1) of Section 283 was limited to a direct interest and could not be hi the nature of any other claim by way of title or other remote interest. He also devised the test to find out the nature of interest as to whether it would fall within the expression "interest in the estate of the deceased" as follows:

(3.) This dicta of the learned Judge was in disagreement with the earlier decision of the same High Court in the case of Jamni Hanmantha Rao v Aratala Lachamma, AIR 1926 Madras 1193.