S.VISWANATHAN Vs. S.PALANIAPPAN

JUDGEMENT

(1.) The Testamentary Original Suit has been filed to prove the Will in common form and that probate thereof, to have effect limited to the state of Tamil Nadu, may be granted to the petitioner.

(2.) The averments of the plaint: The suit property belongs to one N.K.Somasundaram by virtue of a sale deed dtd. 7/12/1967. The said N.K.Somasundaram had conveyed certain portions of the said property through sale to his eldest son / the plaintiff herein and his two sisters who are the respondents 4 & 5 in the Original Petition. The eastern half portion in the first floor of the building measures an extent of 588 sq.ft with an undivided share in the land and it remained under the possession of N.K.Somasundaram. He executed a registered Will dtd. 5/6/1996 in the presence of attesting witnesses and bequeathed the same in favour of the 1st respondent, by appointing the petitioner as the sole executor of the Will. Despite all the legal heirs of the deceased N.K.Somasundaram has been impleaded as respondents in the Original Petition, only the 2nd respondent has chosen to contest the matter by way of filing caveat and hence the petition got converted into Testamentary Original Suit.

(3.) The brief facts of the written statement filed by the defendant: The late N.K.Somasundaram had 3 sons and 2 daughters. The plaintiff and the defendant and one S.Chidambaram are the sons; S.Deivanai and S.Meenakshi are the daughters. The daughter Meenakshi and the defendant Palaniappan are twins. The defendant was a basket-ball player and he got an employment in Armed Reserved Police under sports quota in the year 1977. In the year 1981 his mother died. In the year 1982 the defendant got employment in the Government Transport Corporation. He remained unmarried till the age of 33 and he married in the year 1990. After marriage the defendant was residing at Pudupet which is nearby to his work place and thereafter in view of his transfer he was residing at various places like Madhavaram, Puzhal, etc, the defendant's father N.K.Somasundaram was close with all the children.