S J JANSI RANI Vs. CRECEY FERNANDES

JUDGEMENT

(1.) THE 8th Defendant in O.P.No,309 of 2000, which has been converted into T.O.S.No,5 of 2001 and the Plaintiff in O.S.No,455 of 2003, which was pending on the file of the City Civil Court, Chennai and transferred to the file of this Court and renumbered as C.S.No,90 of 2004, is the appellant and aggrieved by the decreeing of the suit in T.S.No,5 of 2001 and dismissal of her suit in C.S.No,90 of 2004, has filed these appeals.

(2.) THE facts in brief for the disposal of these appeals are as follows:- THE Plaintiff in T.O.S.No,5 of 2001 viz., Ms.Crecey Fernandes has filed O.P.No,309 of 2000 on the file of this Court, under Section 222 and 276 of the Indian Succession Act, 1925 against Sister Pia Fernandes and 7 others, praying for Probate of the Will dated 14.06.1986, executed by her Late brother S.R.Fernandes.

(3.) IT is further averred in the petition that the plaintiff in T.O.S.No,5 of 2001 became aware of the demise of her brother S.R.Fernandes nearly after two months and immediately she rushed to Chennai. On visiting the house of her late brother, the plaintiff found that the tenant who was residing in the Ground-floor, had criminally trespassed in the upstairs portion occupied by her late brother and also taken away all important records and also plundered the household and other articles. The original Holograph Will dated 14.06.1986 (Ex.P1) was given to the Plaintiff by way of abundant caution under which, her deceased brother S.R.Fernandes has appointed her as a Sole Executrix of the Will and it is an unregistered Will. The deceased was possessed an immovable property in the City of Chennai, which is his self acquired property. The next kith and kin of the deceased were impleaded as parties to the above said O.P./T.O.S. and none of them had opposed. Therefore, the plaintiff in T.O.S.No,5 of 2001 prayed for the Probate of the Will.