STATE Vs. DEVASSY LONAPPAN

JUDGEMENT

(1.) THIS is an appeal by the defendant - the Government of travancore-Cochin - in O. S. No. 100 of 1951 of the Court of the District Judge of trichur. The suit was for the rent of certain buildings which the plaintiff obtained in pursuance of the registered will of his uncle, Ext. A, dated 21. 2. 1944. The testator died on 7. 8. 1121 and the rent claimed was for a period subsequent to his death, namely, for the period between Karkatakam 1123 and medom 1126.

(2.) THE only contention urged by the learned Government pleader in support of the appeal is that the lower court was in error in decreeing the suit in the absence of the plaintiff's compliance with the provisions of S. 213 and 214 of the Indian Succession Act, 1925, which was extended to this State by the Part B States (Laws) Act, 1951.

(3.) S. 213 (1) of the Indian Succession Act provides: "no right as executor or legatee can be established in any Court of justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed. " It is clear from the wording of the section that it will apply only to cases in which the right is claimed under a will. The plaintiff definitely stated in Para. 6 of his plaint that the Government has treated him as the owner of the property subsequent to the death of his uncle: and that for the said and other reasons the non-payment of the rent by the Government was in no way justified: