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1991 Supreme(Mad) 768

JANARTHANAM, MISHRA
G. Vaidehi – Appellant
Versus
S. Govindarajan – Respondent


Appearing Advocates: R.M.Krishna Raju, for Appellant

Judgment :-

Mishra, J.

The appellant, herein was the caveator/defendant in a proceeding under and 276 of the Indian Succession Act for the grant of Letters of Administration regarding the estate of late K.Venkatachary as per his last dated 9.3.1974. The testator died on 11.7.1976. The defendant/appellant filed a caveat 24.11.1982. The application filed for Letters of Administration was converted as T.O.S.No.9 of 1982. The plaintiff (executor of the will) claimed that he was the grandson of the testator through his only deceased son. According to him, the testator executed his last will sound disposing state of mind, he (plaintiff) being the sole legatee under the will directing him to arrange for the marriage of his two sisters and to maintain his widow. The attestors of the will however were dead. The plaintiff claimed that he had arranged for marriages of his two sisters as directed in the will and that the two loans remained payable on the house property.

2. The caveator/defendant/appellant, however, objected to the prayer stating that testator had left two daughters of whom she was one. The testator’ s son had pre him (testator) leaving the plaintiff and his two sisters. Even wh















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