SMT SANTHANATHAMMAL Vs. A SOMASUNDARAM DECEASED

JUDGEMENT

(1.) DEFENDANT in O.S.No.486 of 1984 on the file of Principal Subordinate Judge, Madurai, aggrieved by the grant of Letter of Administration for the Will dated 26.12.1969 executed by late Palaniammal has preferred the above appeal. The plaintiff/ respondent herein initially filed O.P.No.152 of 1982 before the Sub Court, Madurai under Sec.276 of the Indian Succession Act for a letter of administration for the Will dated 26.12.1969 executed by late Palaniammal. Subsequently, the said application has been converted as a suit namely O.S.No.486 of 1984. The plaintiff is the son of one Thangammal, the daughter of one Kaliammal. The said Kaliammal's father Subbiah Chettiar has 5 daughters, namely, Kaliammal (plaintiff's maternal grand-mother), Palaniammal, Chittu Pillai, Pappathi Ammal and Kumarathi Ammal. The defendant is the daughter of Chittu Pillai. Originally the suit property and other properties belonged to the said Palaniammal and her sister Kumarathi Ammal. They effected partition by a partition deed dated 23.8.1935. Palani Ammal got the property described in the annexure under the said deed of partition. From that time onwards Palani Ammal was enjoying the property. The plaintiff had been helping the said Palani Ammal and also looking after her comforts.

(2.) THE said Palani Ammal, while she was in a sound disposing state of mind had executed a Will on 26.12.1969 in the presence of attestors and appointed the plaintiff and the defendant as the executors. THE said Will was duly registered on 30.12.1969. Later the said Palaniammal died on 6.1.1970. THE Will is the last Will and testament executed by the said Palaniammal. When Palaniammal fell ill as she had no one to help her, she requested the defendant to come and stay with her to attend to her needs. Accordingly, the defendant with her family members came to reside in the suit house from 1969. As per the terms of the Will, she had directed the discharge of debts payable by her to the tune of Rs.6,000 if she was not able to discharge the same prior to her death. In the event of the debts not being discharged during her life time, she had directed that the property in the annexure to the plaint has to be sold and the principal and interest shall be discharged and out of the balance a sum of Rs.2,000 had to be paid to one Palaniammal, wife of Lakshmanan Chettiar and the balance has to be paid to Sri Uchi Mahaliamman Temple, which idol is installed in Door No.215,Dindigul Road,Madurai Town, which is the deity worshipped by Palaniammal and her father. After the death of the said Palaniammal, the plaintiff was pursuing and requested the respondent to vacate the building so that the plaintiff and the defendant can sell the suit property as per the direction in the Will and also carrying out the bequests recited in the said Will. THE plaintiff sent a legal notice to the defendant on 14.10.1975 requesting her to surrender vacant possession of the suit properties and also to co-operate with the plaintiff in selling the suit properties and discharging the obligations detailed in the Will. THE defendant finally sent a reply on 22.11.1975 disputing the Will. In respect of sundry debts and mortgage debts, one Chandrasekaran filed a Civil Suit and obtained a decree against the plaintiff and the defendant. Hence, the plaintiff was constrained to file the application for the grant of letter of administration in his favour.

(3.) I have carefully considered the rival submissions.