JUDGMENT

Altamas Kabir, J.—One Mrs. Solomon Lazarus was the owner of Plot No. 85, Trustpuram Scheme, since re-numbered as No.9, III Cross Street, Trustpuram, Kodambakam, Madras-600024. She died on 27th November, 1983 at Madras leaving behind her surviving two daughters, namely, Mrs. Wood and Mrs. A.J. Francis and four sons, namely, Joseph Lazarus, Cecil Lazarus, Benjamin Lazarus and Thomas Lazarus. It appears that Mrs. Solomon Lazarus executed a Will dated 5th July, 1979 in the presence of witnesses, but the same was registered with the Sub-Registrar, Kodambakam, on 7th July, 1980.

2. One of the sons of the deceased, Joseph Antony Lazarus applied for grant of probate of the Will on 18th October, 1984 and the same was numbered as O.P. No. 300/1984. In his application, the propounder did not disclose the names of any other persons having an interest in the estate of the deceased and consequently probate was granted to him on 18th October, 1984. One of the two daughters of the deceased, Mrs. A.J. Francis, filed an application, being No. 463/1985, in the probate proceedings praying that the probate granted to Joseph Antony Lazarus be revoked since she had not been made a party to the pro