CARMEL SHANTHA Vs. A.PUSHPARAJ

JUDGEMENT

(1.) This intra Court Original Side Appeal is directed against the judgement and decree in T.O.S.No.12 of 1999 dtd. 27/6/2012 on the file of the Original Side of this Court.

(2.) The deceased 1st respondent in this appeal filed O.P.No.376 of 1996 seeking grant of Letters of Administration with a Will dtd. 5/4/1994 of A.Dharmaraj annexed. The 5th defendant alone contested the request for grant of Letters of Administration and the Original Petition was converted as a Testamentary Original Suit in T.O.S 12 of 1999. The defendants 1,3,4 and 6 to 9 did not file any written statement and it was only the 5th defendant, the appellant herein who chose to contest the Will.

(3.) The plaint in brief: Late A.Dharmaraj died on 28/4/1995 at Malaysia leaving behind property at Chennai. The said deceased executed his Will at Chennai, on 5/4/1997. The deceased had appointed the plaintiff, A.Pushparaj as the sole executor. However, since the said executor was residing in Malaysia and was unable to obtain Letters of Administration, he appointed one Mr.R.Subrmanian as his Power Agent to apply for grant of Letters of Administration. According to the plaintiff, the Will was the last Will and testament of late A.Dharmaraj and it was executed by him while he was in a sound and disposing state of mind and in the presence of two attesting witnesses.