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1950 Supreme(Ker) 116

KOSHI, GANGADHARA MENON
Annaswami Iyer – Appellant
Versus
Janaki Ammal – Respondent


Judgment :-

1. The appellant lodged a caveat in the matter of an application made under S.16 of the Probate and Administration Act II of 1105, by his deceased brother's widow before the District Court of Quilon to extend to the then State of Travancore the probate granted to her by the High Court of Madras in O.P. 271 of 1941. The widow, who is respondent 1 to this appeal, is the sole legatee under her husband's last will and testament and she is also appointed executor thereunder. Probate was granted to her with respect to that will by the Madras High Court on 27.11.1941 and the application giving rise to the present appeal was made to the lower court on 4.2.1949, but it was not until 28.9.1949 the appellant entered the caveat. Another caveator was Seethammal, the mother of the testator and the appellant. She is Respondent 2 to this appeal. The main opposition to the application was, however, by the Official Liquidator of the Travancore National and Quilon Bank Ltd., (in liquidation). That Bank was the testator's main creditor. The Court below overruled all opposition and allowed respondent 1's application. The Bank as also the mother accepted the decision, but the appellant has p































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