N S PARAMANANDA NAICKER Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of our learned brother, Venkataswami, J. passed in Diary No.12079 of 1983. The only question that arises in this appeal is whether Letters of Administration can be granted limiting it to a specified property in the Will and Codicil.

(2.) ONE C.Manicka Naicker executed on 31st March, 1937 a Will. He left behind his widow Kulandai Ammal and Kuppusami Naicker and Paramananda Naicker, his foster sons. By the said will, he bequeathed various items of properties to the said persons to be enjoyed during their lifetime without any power of alienation and thereafter to the heirs of the said two foster sons absolutely. But on 23rd December, 1938, he executed a Codicil at Madras and appointed Kuppuswami Naicker, one of his foster sons as executor.

(3.) THE appellant has now filed a petition under sections 225 and 276 of the Indian Succession Act, 1925 for the grant of Letters of Administration with the will and codicil attached, limiting it to the property mentioned in the codicil, which is house No.42 Ramakrishna Mutt Road, Mylapore, Madras. The office raised an objection that the appellant cannot maintain this application in view of the fact that the relief was negatived by an earlier order of this Court in T.0.S.No.5 of 1962. The matter was posted before the learned single Judge, who agreed with the office note but (sic) directed the appellant to amend the application appropriately if he chooses to prosecute the matter further.