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1994 Supreme(Mad) 962

SRINIVASAN, S.S.SUBRAMANI
Gita alias Gita Ravi – Appellant
Versus
Mary Jenet James alias M. J. James and others – Respondent


Advocates:
K. Subramanian, Senior Advocate for M/s. Shah and Shah and Chinnavyran and Vedantham Srinivasan, for MIs.Akshysharma and Aswath Ha, for Appellant. K. Chandramouli, Senior Advocate for M/ s.K.Venkatasubramanian and A.Muthukumar and V.S. Subramanian and N.Baskaran, for Respondents.

Judgment :-

Srinivasan, J.: These appeals are directed against a common order passed in Application Nos.2635 and 4501 of 1992 revoking the probate granted on 24. 1992 and restoring T.O.S.No.28 of 1985 to file.

.2. The dispute relates to the will alleged to have been executed by Pauline Manonmani James, who died on 13. 1985. The appellant in O.S.A Nos.128 and 129 of 1994 filed O.P.No.432 of 1985 for grant of probate claiming to be the legatee and executrix under the Will. The Will bears the date 10. 1984 registered on 110. 1984. The deceased Pauline Manonmani James had two sisters and two brothers. One of the sisters by name Ellen Jamima died in 1978, bequeathing her properties to Pauline Manonmani. One of the brothers by name P.M.James died on 2. 1984 leaving his wife Mery Therasa and daughter Jenifer. At the time of the death of the testatrix, her legal heirs were her sister Mary Jenet James alias M.J.James, the first respondent in O.S.A.No.128 of 1994 and her brother Joseph Gnanamuthu James alias J.G.James whose legal representatives are respondents 1 to 3 in O.S.A.No.129 of 1994. The testatrix was a spinster, Under the will, all the properties of the testatrix are bequeathed to




























































































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