LAWS(MAD)-2012-9-22

CHROME LEATHER COMPANY LTD Vs. Q.DAWSON

Decided On September 06, 2012
Chrome Leather Company Ltd Appellant
V/S
Q.Dawson Respondents

JUDGEMENT

(1.) As against the dismissal of Application No.2361 of 2011 in O.P.No.382 of 2010 which has been filed to revoke the order probating the Will of late George Joseph Chambers, this appeal has been directed by Chrome Leather Company Ltd., a third party.

(2.) This appeal arose under the following circumstances:-

(3.) Assailing the said order, Mr.R.Thiagarajan, learned Senior Counsel for the appellant would contend that already in W.P.Nos.33248 and 33249 of 2007, this Court cancelled the legal heir certificate granted to George Joseph Chambers. In W.P.No.1435 of 2008, a Division Bench of this Court dubbed George Joseph Chambers and his Power agent as land grabbers. The learned Senior Counsel also contended that since the property purchased by the appellant at the auction also has been included in the Will of George Joseph Chambers, the appellant has caveatable interest. Thus, necessarily, he has to protect his interest. So, he has a right to approach the Court to seek revocation of the order probating the Will of George Joseph Chambers. Thus, the observations of the learned Single Judge in dismissing the appellant's application is not in accordance with law.