J. SURENDRAN Vs. SUDHA VIJAYAKUMAR

JUDGEMENT

(1.) THE plaint averments in brief, are, as follows: -

(2.) THE averments made in the written statement of the first defendant in brief, are, as follows: - Plaintiff has not claimed any right over the movables of late Mrs.Janaki Ramachandran @ V.N.Janaki and hence he is not entitled to claim copyright in the autobiography of late Dr.M.G.Ramachandran titled 'Naan Yen Piranthen' as a legal heir. In fact, plaintiff is not a legal heir of Dr.M.G.Ramachandran and he is not entitled to inherit any of the properties of late Dr.M.G.Ramachandran. The first defendant is the daughter of P.Narayanan, who is the brother of late V.N.Janaki, wife of late Dr.M.G.Ramachandran. Late Dr.M.G.Ramachandran executed a Will dated 18.01.1987 revoking his earlier Will dated 28.06.1986 and appointed Thiru.N.C.Raghavachari, Senior Advocate as the first executor of the Will. In the said Will itself, late Dr.M.G.Ramachandran has appointed one Mr.P.Rajendran to be the next executor after the demise of N.C.Raghavachari and has also incorporated a provision in the will that the High Court shall appoint executor after Rajendran. The first executor, namely Mr.N.C.Raghavachari, relinquished his office in October 1989 itself and P.Rajendran became the executor and he is the present executor. Under the said Will, late Dr.M.G.Ramachandran has bequeathed the bungalow situated in a portion of Ramavaram M.G.R Garden to his wife V.N.Janaki for enjoyment for life without any power of alienation. The Will also provides for a life interest jointly in favour of the first defendant Sudha Vijayakumar, Mrs.Geetha, wife of Madhumohan, Mrs.Janu wife of Sivaraman, Mrs.Nirmala wife of Ravindran and Mrs.Radha wife of Gopalakrishnan and also for the vesting of the property absolutely with the children of the respective life interest holders mentioned above after their life time. All the movables including motor vehicles, steel/wooden articles, cooking vessels and cattle except the gift articles received by late Dr.M.G.Ramachandran, devolved upon Mrs.Janaki Ramachandran @ V.N.Janaki. After the demise of Mrs.Janaki Ramachandran on 19.05.1996, the movables were inherited by the first defendant and others mentioned above, as provided in the Will of late Dr.M.G.Ramachandran. Out of the beneficiaries, who were to get life interest after the demise of Mrs.Janaki Ramachandran @ V.N.Janaki, except Radha and Nirmala, others are daughters of P.Narayanan, the brother -in -law of late Dr.M.G.Ramachandran. Throughout the life time of late Dr.M.G.Ramachandran, the plaintiff did have no connection with him, whereas the first defendant was brought up by late Dr.M.G.Ramachandran from her childhood as a daughter. That is the reason why there is no reference to the plaintiff in the Will of late Dr.M.G.Ramachandran. Even Mrs.Janaki Ramachandran @ V.N.Janaki did not make any reference to the plaintiff in her Wills. In the Will of V.N.Janaki dated 16.03.1995, neither the copyright of autobiography 'Naan Yen Piranthen' nor the movables belonging to late Dr.M.G.Ramachandran were dealt with. The same would show that late Mrs.Janaki Ramachandran @ V.N.Janaki herself did not exercise any right in respect of the movables including the copyright concerned in the suit. Even if she might have had such a right in respect of the autobiography of Dr.M.G.Ramachandran, plaintiff has given up his right to succeed to the above said property, namely copyright in the autobiography of late Dr.M.G.Ramachandran by filing a consent affidavit in O.P.No.817 of 1997 filed for grant of Letters of Administration.

(3.) THOUGH the second defendant has entered appearance through counsel, it has not filed any written statement.