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1957 Supreme(Ker) 11

KOSHI, VARADARAJA IYENGAR
Ammini Ammal – Appellant
Versus
Lekshmi – Respondent


Judgment :-

1. This appeal arises out of an application made in the court below by the 1st respondent Lekshmi, for grant of a succession certificate enabling her to collect the debts and securities belonging to her husband T.N. Viswanathan, who had died issueless on 30.1.1950. These debts and securities were, for the most part, obtained by him in partition, between himself and his brothers, of the earnings of their deceased father T.S. Narayana Iyer, who was for some time the Chief Judge of the Cochin Chief Court. The respondents 2 to 5 who are the brothers were impleaded as counter-petitioners to the application. Subsequently, on motion made by one of them, their mother, the appellant was impleaded as additional counter-petitioner. Respondents 2 and 4, two of the brothers by separate objection petitions, though to similar effect, conceded the heirship of the petitioner to her husband and her right to be in possession of his estate as scheduled but contended that because she was a young widow incapable of managing the estate, injury to the immediate reversion in favour of themselves and other brothers was quite possible and in fact was seriously apprehended. So they prayed that res













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