M.SADAGOPAN Vs. M.NARASHIMAN

JUDGEMENT

(1.) This Testamentary Original Suit has been filed to grant Letters of Administration, with a copy of the Will annexed, to the Plaintiff, as the son and legatee under the Will of the deceased, having effect limited to the State of Tamil Nadu.

(2.) This Tr.CS has been filed, seeking a judgement and decree, directing partition by metes and bounds and separate possession of the Plaintiff's 1/2nd share in the Plaint A, B and C Schedule properties and to allot one such 1/2nd share to the Plaintiff and directing the Defendants to pay future mesne profits to the Plaintiff from the date of the plaint till 26/9/2006 viz. the death of the 2nd Defendant for 1/3rd share of the suit property and thereafter, direct the 2nd Defendant to pay mesne profits till the Plaintiff gets possession of his 1/2nd share of the suit properties.

(3.) The case of the Plaintiff in TOS, in a nutshell, as set out, in the plaint is that the Plaintiff and the Defendant are brothers and their father D.Madavan Pillai, was ordinarily residing at No.9A, Ishwar Doss Lala Street, Triplicane, Chennai, until his death on 6/1/1978 at the said residence and his wife and parents predeceased him. The deceased father had also two daughters, namely, Lakshmi Kantham and Komala and he got properties under a Will, dtd. 20/8/1958 and the said Will was probated on 3/12/1965. He executed a Will, dtd. 21/10/1977, while he was in a sound and disposing state of mind and in the presence of the witnesses, bequeathing the properties to the Plaintiff and Komala, who died on 5/5/1994, as a spinster. In and by the said Will, Lakshmi Kantham was given the entire ground floor of the house at Door No.9A, Ishwar Doss Lala Street, Triplicane, Chennai-5 and Komala was given Door No.10, Nagojee Rao Street, Triplicane, Chennai-5 and the Plaintiff was given the entire first floor of the house at Door No.9A, Ishwar Doss Lala Street, Triplicane, Chennai-5. The Defendant was leading a wasteful life and he was separated from the family on 3/1/1971 and he had accepted Rs.10,000.00 in cash on 10/7/1976 in full quit and discharge of all his claims. The suit in OS.No.1952 of 2005 was filed by the Defendant for partition. Komala died on 5/5/1994 as a spinster leaving all her assets to the Plaintiff. The whereabouts of the attesting witnesses D.Perumal and P.Krishnaswamy Chetty are not known. But, another attesting witness Arugadoss has affirmed the execution of the Will. Hence, the Plaintiff is alone entitled to the properties bequeathed under the Will. The Testator has not made any appointment of executor of the said Will. The amount of assets, which is likely to come into the hands of the Plaintiff does not exceed in the aggregate the sum of Rs.10,00,000.00 and the net amount of the said assets, after deducing all the items, which the Plaintiff, is by law allowed to deduct, is only of the value of Rs.9,90,000.00. The Plaintiff has impleaded the only next of kin or other persons interested as the Defendant. There is no next of kin or other persons interested to be impleaded. Since the original Will was misplaced, a copy of the same has been filed. The Plaintiff undertakes to duly administer the property and the credits of the said Testator, in any way concerning his Will, by paying first his debts and then, the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and exhibit the same in the Court, within six months from the date of grant of Letters of Administration, with the Will annexed to the Plaintiff and also render a true account of the said property and credits within one year from the said date. No application has been made to any District Court or delegate or any other High Court for probate or any Will of the said deceased or Letters of Administration with or without the Will annexed to his property and credits. Hence, this Testamentary Original Suit suit has been filed, seeking the reliefs, as stated above.