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2003 Supreme(SC) 186

S.B.SINHA, A.R.LAKSHMANAN
M. V. Shankar Bhat – Appellant
Versus
Claude Pinto Since (Deceased) By Lrs. – Respondent


JUDGMENT

S.B. Sinha, J.-Plaintiffs are in appeal before us. Plaintiff No. 1 was a tenant in a part of the premises in question, which belonged to Montu Mary Pinto, since deceased. She died in 1974. She executed a Will and last testament (Exhibit P-2 (2A) on or about 25-4-1972 whereby Defendant No. 1 was appointed as the sole Executor. The relevant clauses of the said Will are:

"After my death the Executor of this Will shall take possession of my entire properties and manage them. He shall also obtain Court probate upon this Will after my death, and sell away my said properties for the best price possible to others. He shall minus the expenses met by him for obtaining Probate etc. and divide the balance sale price amount unto four equal shares and pay one such share out of the same to my son Staneley T. Thomas alias Stanley Pinto and another such share to my son Victor L. Pinto and obtain receipt from them. He shall further pay of his own share to each of his own children who are living now and who will be born to him hereafter Rs. 100/ - (one hundred) each and keep the rest of the amount for himself and he shall also pay out of the share amount of my said daughter a sum of Rs. 6

















































































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