M K SRINIVASAN Vs. RANGARAJAN

JUDGEMENT

(1.) THE Civil Revision Petitioners are the legal representatives of the deceased S. Selvaranga Battachariar who wrote a last Will and Testament dated 27. 04. 1993 in the presence of witnesses. The said testator, late. S. Selvaranga Battachariar did not appoint any executor of his Will. The revision petitioners herein have filed S. O. P. No. 114 of 2002 on the file of the learned principal Judge, Chengelpattu praying permission to prove the said Will in common form and with Letters of administration to the properties and credits of the said deceased to have effect throughout the State of Tamil Nadu may be granted to them.

(2.) BEFORE the learned District Judge, Chengalpattu, a memo was filed by the learned counsel for the revision petitioners/plaintiffs stating that since the testamentary succession falls within the ambit of original side jurisdiction, viz. , Sub Court, it was requested by both sides to treat the main Original Petition as suit and transmit the same to Sub Court, Chengalpattu. Besides, the pecuniary jurisdiction of the case works out to Rs. 34,000/-triable by Sub Court and that this Court has ordered for transmission of the petition to the file of the learned district Munsif-cum-Judicial Magistrate, thirukkazhukundram, which has no jurisdiction to try the testamentary succession, as per section 2[bb] of the indian Succession Act and prayed for passing necessary orders to call for the original petition from the file of the learned District Munsif-cum-Judicial Magistrate, thirukkazhukundram and to transmit the same to Principal sub Court, Chengalpattu in the interest of justice.

(3.) THE matter was called in open court on 18. 02. 2003 and it was heard and posted for orders on 31. 12. 2003 by the learned Principal District Judge, Chengalpattu. The learned Principal District Judge, Chengalpattu, passed an order on the Memo filed by the petitioners dated 10. 10. 2003 observing that `the total value of the security after deducting the funeral expenses and medical expenses is Rs. 28,800/- which could be the value of the suit in the event of the transfer from the file of the District Court, testamentary jurisdiction to the file of the original jurisdiction as contentious suit and in that circumstances, the value of the suit has to be considered as Rs. 28,800/- which would consequently attract the jurisdiction of the District Munsif Court, thirukkazhukundram and therefore, the suit has to be numbered on the file of the District Munsif Court, thirukkazhukundram and hence, the transfer effected by this Court stands good and retransfer of the suit cannot be ordered'.