M. Chockalingam, J.

Challenge is made to the judgment of the learned Single Judge of this Court made in T.O.S.No.6 of 1994, whereby Letters of Administration, on request of the respondent herein, was granted.

.2. The respondent herein originally made an application and subsequently, it was converted to the suit. The allegations, with which the respondent has sought the relief can be stated thus:

.The plaintiff in the suit and the defendant therein are the children of one G. Vasantha Devi. She died on 11. 1992 at London, where she was staying on a temporary visit. She executed her last Will and testament at Madras on 010. 1988 in the presence of two witnesses, namely D. Narasimhan and N. Gopalan. The testatrix left behind her except the plaintiff, her son C. Ananda Sundararaman, who is shown as defendant. She had not appointed any executor. There arose a necessity for initiating proceedings for getting Letters of Administration.

3. On appearance, the appellant/defendant contested the suit, inter-alia, stating that his mother Vasantha Devi had no right in the property and hence she could not execute the Will, since the properties belong to the joint family; that she was