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2009 Supreme(Mad) 4000

M.CHOCKALINGAM, R.SUBBIAH
J. Srinivasan (died) & Another – Appellant
Versus
S. Venkataraman @ Balaji – Respondent


Advocates Appeared:
For the Appellants:T.L. Ram Mohan, Senior Counsel, T. Pappaiah Dharmarajan, Advocate.
For the Respondent:K.S. Narayanan, Advocate.

Judgment :-

M. Chockalingam, J.

This intra-court appeal challenges an order of dismissal made by the learned Single Judge of this Court in Application No.3800 of 2004 whereby the request of the first appellant husband seeking revocation of the letters of administration granted in O.P.No.312 of 2001, was denied.

2. The Court heard the learned Counsel on either side.

3. Admittedly, O.P.No.312 of 2001 was filed seeking letters of administration in respect of the Will executed by one J. Rukmani. The Court of testamentary jurisdiction ordered the same on 19. 2001. The above application was filed by one Srinivasan, the husband of the second appellant, alleging that the said Rukmani obtained letters of administration dated 23. 1978 from the Court for the estate of her brother G.V. Shandilya; that the respondent in the application was the son of the applicants sister one Saroja Srinivasan; that taking advantage of the close relationship, he got the Will executed on 14. 1994 by exercising coercion and undue influence over the mother of the applicant; that the testatrix was repeatedly telling that she is going to leave the property with the applicant and that he was a legatee under the Will;










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