LAWS(MAD)-2016-3-208

SARASAMMA AND ORS. Vs. G. PANDURANGAN AND ORS.

Decided On March 04, 2016
Sarasamma And Ors. Appellant
V/S
G. Pandurangan And Ors. Respondents

JUDGEMENT

(1.) T.O.S. No. 38 of 2008 is numbered on conversion of O.P. No. 387 of 2008, praying that Letters of Administration with a Will annexed, may be granted to the plaintiff as the legatee under the Will of the deceased R. Gopal, having effect limited to the State of Tamil Nadu and limited to the properties mentioned in the affidavit of assets. Tr. C.S. No. 888 of 2009 numbered on transfer of O.S. No. 4197 of 2008 from the file of the City Civil Court, Chennai, praying for permanent injunction restraining the defendant herein, her men, agents, servants or any other person or persons claiming through them from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property, especially smooth running of the School, right to use the pathway (marked yellow in the sketch) and to pay the costs of the suit.

(2.) Tr. C.S. No. 889 of 2009 numbered on transfer of O.S. No. 1435 of 2003 from the file of the City Civil Court, Chennai, praying for declaration declaring that the alleged Will dated 29.07.1999 is null and void; for permanent injunction restraining the defendants their men, agents, servants or any other person or persons claiming through them from interfering with the plaintiff's peaceful possession, occupation and enjoyment of the suit properties, more -fully described in the schedule to the plaint; for permanent injunction restraining the defendants their men, agents, servants or any other person or persons claiming through them from selling or encumbering with the suit properties, more -fully described in the schedule to the plaint and for costs of the suit.

(3.) The case of the plaintiff in T.O.S. No. 38 of 2008 is as follows: