V K NANDAGOPAL Vs. K GUNABHOOSHANAM

JUDGEMENT

(1.) THE facts leading to the above applications are as follows:

(2.) SO far as O.P.No.719/2000 is concerned, the petitioners applied for Letters of Administration in the matter of the last Will and Testament of Govindaraja Mudaliar. The petitioners are respectively the son G. Bather and daughter in law B. Rajeswari of the testator Govindairaja Mudaliar. The applicants herein were impleaded as respondents 1 and 2. The other respondents were the first petitioner s brother s wife and children. Respondents 3 to 8 gave consent affidavits. The applicants were not represented though they had been served. The first petitioner examined himself as P.W.1 and marked the original Will. The son of one of the attesting witnesses had given an affidavit stating that he was identifying the signature of his father in the Will. The son of the scribe had also given his affidavit identifying the signature and handwriting of his father in the Will. Both the attesting witnesses and the scribe were no more at the time when the Will was sought to be proved. Publication was also effected as required. The learned Judge accepted the evidence of the first petitioner as well as the affidavits filed on his side and held that the Will had been duly proved and directed issuance of Letters of Administration by order dated 15.4.2001.

(3.) THE allegations in the other application are also identical.