M. VIJAYALAKSHMI Vs. SADHU A.N. SIRCAR FOUNDATION REP.BY ITS BOARD OF TRUSTEES MR.E.NANDAKUMAR S/O. MR.ELUMALAI NO.246, RAJARATHINAM NAGAR 2ND STREET, KODUNGAIYUR CHENNAI

JUDGEMENT

(1.) The captioned application has been filed by the third party to revoke or recall and annul the grant of Letters of Administration dated 29.8.2008 granted to the 1st respondent in T.O.S. No. 23 of 2003.

(2.) Originally, the testamentary Suit was filed by 1st respondent herein for issuance of Letters of Administration with certified copy of the Will of the deceased Sadhu A.N. Sircar executed in his favour as the legatee of the said deceased. This Court, vide judgment dated 27.08.2007 disposed of the said suit by recording the Memorandum of Compromise dated 16.07.2007, which was entered into between the said Sadhu A.N. Sarcar Foundation and Abraham Samarendrianath Sircar, the respondents herein under Order 23 Rule -3 & 3 (b) of C.P.C. Pursuant to the said judgment, Letters of Administration was granted to the 1st respondent herein on 29.8.2007. Aggrieved against the said judgment, the applicants/third parties, have come forward with the instant application for revocation of the said Letters of Administration granted to the 1st respondent on the ground that the first item of the property in the Will of the deceased A.N.Sircar was the subject matter of sale in their favour and also their deceased brother Venkatesan.

(3.) It is the case of the applicants that the property in question, was sold by the deceased A.N.Sircar himself during his life time by way of registered Sale Deeds separately in their favour and also in favour of their brother Venkatesan dated 14.2.2001 conveying ⅓rd undivided share each for them and the same has been admitted by the 1st respondent in the testamentary petition and contrary to the same, the respondents had entered into the Memorandum of Compromise. According to the applicants, the deceased A.N. Sircar, after executing the Will, had sold the property, which was mentioned as item No.1 of the schedule properties in his Will dated 30.6.2000 under three sale deeds in favour of the petitioners and one Venkatesan dated 14.12.2001. It is stated that the deceased A.N.Sarcar also mentioned the reasons for sale of the property the Sale deed and he had also declared that he is the absolute owner of the suit property and obtained it out of his self acquisition. The deceased also admitted and acknowledged the receipt of sale consideration from the applicants While so, the respondents have colluded and represented to this Court, as if the Will dated 30.6.2000 is the last Will and testament and obtained probate of the said Will. Hence, the applicants prayed for revocation of Letters of Administration granted to the 1st respondent herein.