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MADRAS HIGH COURT
RAMASWAMI
Gyanambal
Versus
Administrator-General of Madras
O.P. No.267 of 1954
Decided On : 25January, 1955
ADMINISTRATOR-GENERAL - POWERS AND DUTIES - SCOPE - S.28, ADMINISTRATOR-GENERALS ACT, 1913 - DIRECTIONS TO ADMINISTRATOR-GENERAL TO WIND UP ADMINISTRATION AND HAND OVER ESTATE TO APPLICANT - INCOMPETENT - APPLICANT CAN AVOID GRANT ONLY BY APPLICATION UNDER S.263 OR BY REGULAR CIVIL SUIT OR REVIEW OR APPLICATION UNDER S.151, CIVIL P.C.
Fact of the Case:
The petitioner, Gyanambal, filed a petition under S.28, Administrator-Generals Act, 1913, praying that the Administrator-General be directed to transfer the properties of the testator to her and hand over the title deeds and assets with an account and claims house bearing door No.1 Kotharampalayam, Conjeevaram, and bazars bearing Nos.746, 879 and 880, Poonamallee and premises No.3, Thandavamurthi Chetti Street, as her own properties and not those of the testator. She rested the reliefs asked for by her on the ground that the Administrator-General has not been prudently managing the properties and that the administration was unduly costly, and that the Administrator-General has set up an adverse claim in regard to the three properties concerning which she had handed over the title deeds only for the purpose of safe custody.
Finding of the Court:
The Court held that the petition under S.28, Administrator-Generals Act is incompetent and that the Administrator-General has been prudently managing the properties and that the administration was not unduly costly. The Court further held that the Administrator-General has not set up an adverse claim in regard to the three properties concerning which the petitioner had handed over the title deeds only for the purpose of safe custody.
Issues: 1. Whether the petition under S.28, Administrator-Generals Act is competent? 2. Whether the Administrator-General has been prudently managing the properties? 3. Whether the administration was unduly costly? 4. Whether the Administrator-General has set up an adverse claim in regard to the three properties concerning which the petitioner had handed over the title deeds only for the purpose of safe custody?
Ratio Decidendi: 1. The scope of S.28 of the Administrator-Generals Act is limited to giving directions to the Administrator-General on undisputed matters of management such as questions of advancement, maintenance, changes of investments, sale of a house, compromise and taking proceedings. 2. Disputed points of law or fact or questions of detailed difficulty or importance are not included within the scope of S.28. 3. A person who seeks to avoid a grant of Letters of Administration can do so only by an application under S.263 showing a just cause defined by the explanation to S.263 and exemplified by the illustrations appended thereto or by a regular civil suit or review under O.47, R. (I), Civil P.C. or an application under S.151, Civil P.C.
Final Decision: The Court dismissed the petition with costs.
JUDGMENT : - This is a petition purporting to be filed under S.28, Administrator-Generals Act of 1913.
2. The facts are: Sri. T. Rangaswami Chettiar died at Madras on 29-6-1933. He left a will dated 1-5-1933 disposing of six immovable properties in Madras valued at Rs.24,800/-. Under this will no executor was appointed. The testator left surviving himself his daughter Gyanambal, the petitioner herein, and a grand-daughter Swarnambal, and no other kith or kin. By the said will this Rangaswami Chettiar bequeathed a life estate in the income from the said properties to his daughter Gyanambal and a similar life estate to his granddaughter Swarnambal and the remainder for the children born to that Swarnambal. In case Swarnambal died without issue, male or female, the properties were to go in equal shares to certain charities. This contingency is extremely unlikely to happen as this Swarnambal had already four minor children, and their father Thirunavukarasy Chettiar, the guardian of the person and properties of the said minors, having been appointed as such by this Court in O.P.268 of 1945.
After the death of the testator, Gyanambal and her husband Nataraja Chettiar took possession of the estate and both were managing the estate without probating the will, notwithstanding it not being an exempted will. Later, however, disputes arose between them and on application No.1694 of 1939 by Gyanambal in O.P.242 of 1939 this Court by its order dated 17-8-1939 directed the Administrator-General under Ss. 10 and 11, Administrator-Generals Act, 1913, to take possession of the estate of the deceased and apply for Letters of Administration upon funds being available. It may be noticed here that this Gyanambal handed over to the Administrator-General the title deeds of three properties, viz., a house in Conjeevaram and three shops in Poonamallee and premises No.3 Thandavamurthi Chetti Street, Park Town, Madras.
3. The history of the management by the Administrator-General can be briefly summarised: on account of the fact that the will has not been probated and that Letters of Administration have not been obtained, the Administrator-General could not take possession of the properties situated outside the City of Madras, viz., the properties at Conjeevaram and Poonamalle. The gross annual income of the estate taken possession of by the Administrator-General came to Rs.2,052/-. After the payment of taxes and other administrative charges, the income is payable to Gyanambal according to the will. The Administrator-General has been paying her Rs.60/- per month and Gyanambal has been keeping the family house, premises No.6, Vengu Chetti Lane, Park Town, Madras, free of rent and taxes and has been letting out portions in the family house given to her for residence and enjoying the rents derived therefrom. The present accumulated income of the estate is about Rs.500/-. In these circumstances, the Administrator-General applied for Letters of Administration in O.P.51 of 1954 and obtained Letters of Administration with the copy of the will annexed on 29-4-1954. The succession duty of Rs.1,770/- required therefor was advanced out of the Administrator-Generals Reserve Fund and this amount has to be recouped now by selling one of the houses. The Administrator-General has also started proceedings for taking possession of the Conjeevaram and Poonamalle properties. In fact, the Administrator-General has given notice to Gyanambal to state her objections, if any, for selling the house at Conjeevaram for that purpose. It is in these circumstances that Gyanambal has filed this petition. 4. This petitioner prays that the Administrator-General be directed to transfer the properties of the testator to her and hand over the title deeds and assets with an account and claims house bearing door No.1 Kotharampalayam, Conjeevaram, and bazars bearing Nos.746, 879 and 880, Poonamallee and premises No.3, Thandavamurthi Chetti Street, as her own properties and not those of t
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