M.KUPPUSAMY NAICKER Vs. M.MANI

JUDGEMENT

(1.) This Original Side Appeal has been directed against the Judgment and Decree dated 2.9.2009 passed in Transfer Original Suit No.35 of 2004 by the learned Single Judge of this Court.

(2.) The deceased appellant herein, as plaintiff, has instituted T.O.S.No.35 of 2004 on the file of this Court, praying to give Letters of Administration in respect of the Will dated 24.5.1990, wherein the present respondents have been shown as defendants.

(3.) In the plaint, it is averred that the property in question is the absolute property of one Annammal, wife of Seetharama Naicker and she passed away on 25.7.1991. Before her demise, she has voluntarily executed a Will dated 24.5.1990 in favour of the plaintiff. Since the executant has passed away on 25.7.1991, the Will have come into effect. Under such circumstances, the present suit has been filed for getting the relief sought therein.