LAWS(MAD)-2020-6-309

S.SWAMINATHAN Vs. S.DHANUSHKODI

Decided On June 03, 2020
S.SWAMINATHAN Appellant
V/S
S.Dhanushkodi Respondents

JUDGEMENT

(1.) This Intra Court Appeal is directed against the order passed by the learned single Judge in A.No.3078 of 2019 by order, dated 10.06.2019.

(2.) The appellant and the first respondent are brothers, the remaining respondents are sisters whose father one P.S.Singaraja Nadar died on 03.09.1973 and their mother and one of the sister, namely Vennila Devi also died on 01.02.1994 and 20.02.1989 respectively.

(3.) Therefore, it seems that, a partition has been effected among the brothers and sisters sometime in 1998 and a partition deed to that effect also was registered as Document No.1441 of 1998 at Sub Registrar Office, Royapuram, Chennai, pursuant to which, it is the claim of the appellant that, the parties have acted upon as per the said partition. However it is the case of the appellant that, the said partition had been effected and acted upon on the impression that, their father Singaraja Nadar died intestate, but the fact remains that, according to the appellant, the father bequeathed a Will and Testament dated 28.02.1973 and the same was registered as Document No.23 of 1973 on the file of the Joint Sub- Registrar, District Registration Office, First Line Beach, Chennai and without disclosing the same, since, according to the appellant, the first respondent was in possession of the said Will as he did not disclose that, the appellant claim that, he along with sisters entered into a partition in 1998 with the first respondent. Therefore the appellant, in order to get a Letters of Administration, on the alleged Will of his father, from this Court, filed the Original Petition in O.P.Diary No.17329 of 2016.