ALAMELU AMMAL Vs. CPARTHASARATHY NAIDU

JUDGEMENT

(1.) T.O.S. No. 16 of 1936 is an application to revoke the letters of administration granted as in an intestacy in O. P. No. 129 of 1914 (now T. O.S. No. 11 of 1936) and to grant probate to the petitioner Alamelu Animal of a will a copy of which is tendered in evidence. The alleged testator is one Krishnamoorthi, husband of the petitioner Alamelu Ammal. He died on 26th April, 1914, leaving, by the petitioner, three sons and a daughter, the eldest son being the present respondent, Parthasarathi. There was another family by one Ethiraja Ammal, who was either a wife or a concubine. The will which Alamelu Ammal propounds divides the estate between the petitioner, her daughter and the children of the alleged concubine.

(2.) Shortly after the death of Krishnamoorthi, his son, the present respondent Parthasarathi, applied for letters of administration as in an intestacy. Notices were served on his mother, and his brothers and sister and in due course letters of administration were issued without any objection in September, 1915. In 1923 there was a partition of the properties, as a result of which Parthasaratht got the house which under the will now propounded would go to his mother, the present petitioner. In 1935 there was a further partition of properties subsequently acquired as a result of litigation.

(3.) The will now propounded, which is dated 25 November, 1912, was first asserted in a lawyer's notice sent by the present petitioner on the 25 August, 1936. Her allegation is that she had only recently found that copy on which her petition is based. This copy is admittedly in the handwriting of the respondent Parthasarathi. It begins with the phrase: Know all concerned that this is my will signed by me in the presence of the two gentlemen who have attested it.