G GOPAL Vs. G NAGARATHINAM

JUDGEMENT

(1.) THE Applicant/third Party has filed this Application to revoke the Grant of Probate dated 5-8-2002 of the Will dated 25-12-1984 in T. O. S. No. 32 of 1999.

(2.) FOR better appreciation of the points urged by the Applicant/third Party, it is necessary to refer to the earlier proceedings. The parties are related as under : (See related parties under

(3.) T. O. P. No. 689 of 1993 : ramakrishna Chetty died on 2/5/1993. The deceased Ramakrishna Chetty had executed the Will dared 25/12/1984 in the presence of two witnesses. According to the petitioner, the deceased bequeathed immovable property viz. , front upstair portion of premises bearing Door No. 26, Solaiamman koil Street. Madras -7 in favour of his First son viz. , Chandrayya. The upstair portion consisting of three rooms of 8'x 8' dimension with an open verandah 8'x 8' and an open staircase by the side of the premises no. 39 (old No. 63) of Minor Trustpuram, kodambakkam, Madras-24 has been be queathed to the Plaintiff-Gopal. The Attesting witnesses are no more. The petitioner prayed for grant of Probate of the Will of deceased-Ramakrishna Chetty.