A.R.LAKSHMANAN
Dr. (Mrs. ) Ruth Annamalai – Appellant
Versus
Mrs. Valliammai Achi, w/ o of Late Dr. Al. Annamalai and Others – Respondent
On 4-3-1988 the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought to prove the writing propounded by her as the last Will and Testament of Dr. A.L. Annamalai, one of the very eminent and leading medical practitioners in Tamil Nadu who passed away on 12-5-1987 at Madras. The prayer in the O.P. is to prove the Will in comon form and for grant of probate to have the effect throughout India. In the petition she has described herself as a Christian and claims to be second wife of the deceased and avers that the estate of the deceased was governed by the Hindu Succession Act. In paragraph No. 7 of the original petition she has stated as follows :-
"7. The estate of deceased was governed by the Hindu Succession Act and the following persons are his heirs :
(1) The petitioner herein who is the second wife is residing at No. 112, Poonamallee High Road, Madras-600 084.
(2) Mrs. Valliammalai Achi Annamalai, first wife is residing at No. 112, Baracah Road, Varadhamma Garden, Kilpauk, Madras-10.
(3) Dr. Mr. Annamalai Alagappan, son is residing
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