The subsequent Will could not cancel the original joint Will, and the revocation of letters of administration was not ordered.

M. Chockalingam, J.

All these appeals have arisen from a common order of the learned Single Judge of this Court made in Application No.1198 of 2006 in O.P.No.755 of 2002 and in Application Nos.4414 and 4416 of 2005 in TOS No.15 of 2005.

2. The parties hereinafter will be referred to as per the cause title in OSA 50/2008 namely appellant and respondents.

3. All these appeals came to be filed under the following circumstances.

(a) The appellant in OSA 50/2008 filed OP No.755/2002 seeking letters of administration in respect of a Will dated 211. 1995 jointly executed by one Devaki Ammal and her husband Rajendran. On enquiry, letters of administration was actually issued in his favour by an order dated 21. 2004. While the matter stood thus, the respondents in OSA 50/2008 filed Application No.1198 of 2006 seeking revocation of the letters of administration alleging that the said Devaki Ammal died in the year 1996; that subsequently her husband Rajendran has executed the Last Will on 26. 2000; that under the said Will he has bequeathed one immovable property at Mylapore in favour of Hindu Mission Hospital, Adyar Cancer Institute and Mylai Devaki Ammal - C.G. Rajendran Educational Trust in the ratio of 40:40:20, and thus it is a case where the letters of administration originally granted in favour of the appellant was to be revoked.

(b) Apart from the above, the respondents on the strength of the said Will dated 26. 2000, alleged to have been executed by Rajendran, filed OP No.8 of 2004 in which the appellant herein entered appearance by way of caveat and now it has been converted into TOS No.15 of 2005 and the same is also pending before the Court. In that TOS, the plaintiffs therein filed Application No.4414 of 2005 to direct the respondent therein to pay damages for the use and occupation of the property by him and Application No.4416 of 2005 to direct the respondent to deposit entire sums of money collected as rent.

(c) The learned Single Judge after enquiry allowed Application No.1198 of 2006 whereby the letters of administration originally issued was revoked, and there arose OSA 50 of 2008. Application Nos.4414 and 4416 of 2005 were actually closed since the same, in the opinion of the learned Single Judge, would arise for consideration only after the disposal of TOS No.15 of 2005 filed by the respondents. Under the circumstances, the applicants in Application Nos.4414 and 4416 of 2005 have brought forth OSA Nos.76 and 77 of 2008 respectively. Thus three appeals are before this Court.

4. Admittedly, the appellant filed OP No.755 of 2002 for letters of administration on the strength of a Will dated 211. 1995 jointly executed by Devaki Ammal and her husband Rajendran. The letters of administration on enquiry has been issued in his favour. While the matter stood thus, the respondents filed Application No.1198 of 2006 only on the ground that Devaki Ammal died in the year 1996, and thereafter, the last Will was executed by Rajendran on 26. 2000 bequeathing the properties in favour of the applicants in Application No.1198 of 2006, and that was the Last Will, and this Will was not brought to the notice of the Court when OP No.755/2002 was filed seeking letters of administration, and thus in view of the provisions under Sec.263 of the Indian Succession Act, the letters of Administration must be revoked.

5. What was all contended by the appellant in whose favour letters of administration was originally granted was that both the properties actually belonged to Devaki Ammal; that it was a joint Will; that though her husband was actually added as party to the Will, he did not have any iota of right in the properties; that on the death of Devaki Ammal in the year 1996, the Will has come into force in respect of the properties of Devaki Ammal; that even assuming Rajendran, the husband of Devaki Amma, has executed a Will on 26. 2000, as urged by the respondents herein, he had no power to revoke the Will executed by Devaki Ammal