1. The plaintiff originally filed O.P.635/87 for the issue of probates in respect of the last Will and Testament executed by has mother Kuppulakshmi Ammal. As the defendant filed caveat, the O.P. was converted into T.O.S. and numbered as T.O.S. 33/88.

2. The plaintiffs case is his mother died on 17.5.83 at Padma Clinic Nursing Home, Madras. At the time of her death, she was residing with the plaintiff at No. 7, New No. 10, Telegraph Abboy Naidu Street, Madras. 1. The said Kuppulakshmi Ammal duly executed a Will and Testament at Madras on 11.3.1966 and the plaintiff has been appointed as the executor in the said Will. The plaintiff was not aware that the Will has to be probated. Only at the time of filing the petition, he came to know that the probate is to be obtained. Hence there is some delay in filing the petition, for seeking for probate.

3. The defendant, who is the sister of the plaintiff, has filed the written statement, contesting the claim of the plaintiff. Her case is that her mother Kuppulakshmi Ammal died intestate on 17.5.83. Both father and mother did not leave any Wilf. Her mother is the owner of the house at No. 10, Telegraph Abboy Naidu Street, Kondithope