S D PONNUSWAMY MUDALIAR Vs. S K SOMASUNDARAM

JUDGEMENT

(1.) : A learned single Judge of this Court has allowed an application for revocation the probate in O.P.No.15 of 1982 granted in favour of the appellant. Hence the appeal Clause 15 of the Letters Patent of this Court.

(2.) ONE S.T.Subbaraya Mudaliar who died on 23rd August, 1978, executed a will with to his properties including a property at Mallan Pon-nappa Mudali Street, Triplicane city of Madras. This property, according to the respondent herein, belonged to one Mudaliar who had four sons, Manicka Mudaliar, Thanga-velu Mudaliar, Kuppuswamy Mudaliar, Kamatchi Mudaliar. Manicka Mudaliar died leaving behind his only son Loganatha Mudaliar. Thangavelu Mudaliar died leaving behind Doraisami Mudaliar. Kuppuswami Mudaliar died leaving the respondent herein and Kamatchi Mudaliar died without any.

(3.) IN this application, the respondent stated that Rajeswari, daughter of Subbaraya and the husband of INdirani for himself and on behalf of his minor son transferred Rajeswari " s l/8th share in the property bearing door No.75, Mallan Ponnappa Mudali for a consideration of Rs.4,000 on 7.12.1979 and INdirani's 1/8th share in the property 21.12.1979 for a sum of Rs.3,000. He thereafter filed the suit in O.S.No.906 of 1980 file of the IX Assistant Judge, City Civil Court, Madras, for partition and separate possession. He impleaded all the heirs of Subbaraya Mudaliar as defendants. They took the defence their father had executed a will and that application for grant of probate had already filed by the appellant herein. It is then stated in the petition: