GERALD LOBO Vs. GEETHA DAVIS

JUDGEMENT

(1.) CHALLENGE in these appeals is the order in Application A.No.4141 of 2010 in T.O.S.No.49 of 2010 dated 18.11.2010, whereby the learned judge has directed 2nd respondent Davis Thomas to be impleaded in the suit T.O.S.No.49 of 2001 as co -plaintiff.

(2.) THE contesting defendants in T.O.S.No.49 of 2001 and Plaintiff - T.S.Sridharan - one of the executors in the Will dated 26.10.1984 are the appellants in these appeals. The dispute pertains to last will of Dr.L.C.Lobo dated 26.10.1994. The testator Dr.L.C.Lobo was residing at No.168, Greams Lane, Chennai -600 006 and died on 15.1.1997. He left behind his widowed wife - Johanna Lobo, nephews and nieces, who are the appellants. In his Will dated 26.10.1994, testator appointed (i) 1st respondent Davis Thomas and (ii) appellant in O.S.A.No.165 of 2011 - T.S.Sridharan as executors, they being empowered to act jointly and severally. In the said Will, testator has provided unconditional right of residence to his wife Johanna Lobo during his life time. It was further provided that the property at No.168, Greams Lane, Chennai 600 006 would be bequeathed to The Mother Superior, Little Sisters of the Poor, Harrington Road, Chennai subject to the proviso that it would be handed over to them only after the life time of respondents 1 and 2. The testator also stipulated that in the event of death of his wife - Johanna Lobo, the 2nd respondent - Davis Thomas will have the right of residence during his life time and the 1st respondent - Geetha Davis also shall have the right of residence.

(3.) THE trial in T.O.S.No.49 of 2001 has commenced in which testator's wife - Johanna Lobo had given evidence on 21.3.2003. Plaintiff Sridharan was examined as P.W.1. In an application application filed by Plaintiff/co -executor of the Will T.S.Sridharan, Advocate Commissioner was appointed by the High Court for recording the evidence of Johanna Lobo. The Advocate Commissioner has recorded the evidence of Johanna Lobo. The testator's wife Johanna Lobo died on 11.12.2009.