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1957 Supreme(Kar) 12

VENKATARAMAIYA, H.HOMBE GOWDA
K. N. SRINIVASAN – Appellant
Versus
C. KRISHNA IYENGAR – Respondent


( 1 ) THIS is an appeal against the dismissal of an application for revocation of Letters of administration with the will of one Kadambi (as he has been called in the proceedings) annexed and granted to Respondents. The Petitioner is the brother of the testator's son-in-law. Respondent 1 is the brother of his wife ar. d the father of the 2nd Respondent. Respondent 3 is the daughter of the testator's brother. The Letters of Administration were granted in December, 1944 and the application for revocation of these was filed in February 1952. The two grounds mainly urged in support of the application are that the properties purported to be disposed of by the will did not belong to the testator and that he was not of a sound disposing mind at the time of the alleged execution of the will. Both these were negatived by the lower court.

( 2 ) ALTHOUGH evidence has been let in to show that at least some of the properties disposed of by the will did not belong to the testator, it is, we think, unnecessary to Investigate the ownership and devolution of these in these proceedings for revocation of Letters of Administration as what the Court is mainly concerned with is whether the will was dul






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