NARAYANA KURUP Vs. K R MANOHARAN

JUDGEMENT

(1.) Revision petitioner is the respondent in O.P. 20 of 1987. The First Additional Munsiff, Trichur permitted the respondents herein (petitioners in the O.P.) to deposit the amount of Rs. 2.000/- as stipulated in Ext. A2 will in the Court and allowed the revision petitioner (respondent in the O.P.) to withdraw the amount.

(2.) The contention of the revision petitioner is that no provision in the Indian Succession Act enables a party to approach the civil Court to make deposit of any amount meant for a legatee under a will and the Court below was not justified in allowing the respondents to make the deposit before the Court. The case of the respondents is that Lakshmikutty Amma, sister of their father executed a will and registered it before the Trichur Sub Registry Office, that as per the will the property belonging to Lakshmikutty Amma in Sy. No. 122/1 in Viyyur village was given to them, their brother Ravi Chandran and sister Bhagyalakshmi and that an amount of Rs. 2,000/- was directed to be given to the revision petitioner. The revision petitioner was permitted to reside in the house in the property till his death. Though genuineness of the will was disputed by the revision petitioner, the Court below negatived the said contention and upheld the validity of the will.

(3.) Contention of the revision petitioner is that under S.151 of the C.P.C. or under S.349 of the Indian Succession Act the Court has no power to allow the respondents to deposit the amount mentioned in the will and to direct him to receive the same.