S. SARADHA AMMAL Vs. S. OPPANAI AMMAL

JUDGEMENT

(1.) This suit is for grant of Letters of Administration. One Shanmuga Subramaniam had two wives by name Oppanai Ammal and Saradha Ammal. Through Oppanai Ammal. Shanmuga Subramaniam had one sun by name Ganapathy, the third defendant herein and our daughter Vijayalakshmi Ulaganayagam, the second defendant herein. Through Saradha Animal, Shanmuga Subramaniam had four daughters by name Mangayarkarasi Sankaranarayanan, Sivakamasundari Viswanathan the fifth defendant herein, Meenakshi Nagalingam the fourth defendant herein and Venkatamam Muthu Kumar. Shanmuga Subramaniam was a great Tamil Scholar. He was working as Secretary to the Legislative Assembly of Tamil Nadu and retired in 1974. According to the plaintiff Saradha Ammal while Shanmuga Subramaniam was in sound state of disposition he had executed a Will dated 0 03.1992 Shanmuga Subramaniam died on 11.07.1992 Saradha Ammal has come forward with the instant suit for issue of letters of administration on the basis of that Will. Mangaiyarkarasi Sankaranarayanan and Venkatamani Muthu Kumar, the two daughters of the plaintiff Saradha Ammal, have given their consent to Saradha Ammal to receive the Letters of Administration.

(2.) The third defendant had not opposed the claim of the plaintiff by filing written statement.

(3.) Though defendants 1 and 2 filed written statement contending that Shanmuga Subramaniam was not in a sound state of disposition and during February 1992, he was healthwise in very bad shape and therefore, could not have executed the Will, later they have withdrawn their defence.