P JOTHI BAI Vs. B DORAIRAJ

JUDGEMENT

(1.) The appellant has filed this appeal against the order of the learned single Judge in Application No. 6041 of 1992 in T.O.S. No. 5 of 1981 dated 15-6-1998.

(2.) The subject matter arises out of the Will executed by one Bhoopathy. The appellant and the second respondent are his daughters and the first respondent is his son. He died on 7-4-1975. On the whole he left three Wills dated 28-4-1966, 7-8-1974 and 18-3-1975. Under the Will dated 28-4-1966 the testator has given the entire property in Door No. 4, Mylai Ranganathan Street, T. Nagar, Madras to his wife Kuppammal. Subsequently in the second Will dated 7-8-1974 he bequeathed half of the said property to his son Durairaj, the first respondent herein and the other half to his grand daughter Baby alias Sheela, through his daughter Kuppammal, the second respondent herein. In the said Will he has also provided a Clause for the payment of Rs. 50/- every month to the appellant herein from out of the rents received from the property. Again as a last Will, he left the same dated 18-3-75 whereunder he bequeathed half share of the said property to the second respondent herein and the other half share to her daughter Baby alias Sheela.

(3.) The first respondent herein filed O.P. 136 of 1976 for the grant of letters of administration on the basis of the second Will dated 7-8-74. As the same was contested by the second respondent herein, it was converted into T.O.S. No. 5 of 1981. The second respondent also filed O.P. 341/81 for the grant of letters of administration under the Will dated 18-3-1975 and that was also converted as T.O.S. No. 3 of 1983.