K VEERAMANI Vs. RANI

JUDGEMENT

(1.) THE application in A. No. 532 of 2004 seeks to revoke the Letters of administration granted in O. P. No. 159 of 2000, dated 2. 7. 2001.

(2.) O. P. NO. 159 of 2000 was filed by the respondent, seeking for grant of Letters of Administration in the matter of last Will executed by Smt. Andal Ammal. The respondent claimed that she is the beneficiary of the said Will. The said Andal ammal died on 10. 8. 1995 leaving behind the respondent, who is her daughter born through the first husband Late Natesa Naicker. In that OP, she had made the present applicants as respondents. Notice was ordered to the first applicant, which came back with and endorsement refused. Therefore, it was affixed. With reference to the second applicant, notice came back with an endorsement that he had gone out. Thereafter, on 11. 3. 2001, paper publication was ordered on two newspapers, i. e. News Today and Malai Murasu. A proof was filed on 2. 4. 2001. Thereafter, on 11. 4. 2001,the matter was directed to be posted before the Master for recording evidence. Ultimately, the respondent gave her evidence on 19. 6. 2001 and Exs. P. 1 to P. 5 were marked.

(3.) IN that evidence, she has admitted that applicants 1 and 2 were born to her mother through Kuppusamy, who was her uncle. In fact, he father Natesa Naicker predeceased Andal Ammal. Thereafter, her mother was taken care of by her uncle kuppusamy. On the basis of these averments, by an order, dated 2. 7. 2001, this court granted Letters of Administration. It was thereafter, the present application was taken up by the applicants.