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2012 Supreme(Mad) 2247

R.SUBBIAH
. – Appellant
Versus
. – Respondent


Judgment :

R. Subbiah, J.

1. Application No.1186 of 2012 is filed by the third party to revoke the probate granted in O.P.No.792 of 1998 dated 20.04.2005. Application No.1187 of 2012 is filed to stay the operation of the probate grated in O.P.No.792 of 1998, pending disposal of the application for revocation.

2. The brief facts for disposal of both the applications are as follows:

(a) One Sathrasala Venkatram, who died on 21.1.1998, executed a Will on 05.12.1997, appointing the respondent S. Sharat Babu as an executor. After the demise of the testator, the executor has filed original petition before this Court in O.P.No.792 of 1998 to grant probate. This Court, by order, dated 20.04.2005, allowed the petition as prayed for.

(b) The present applications have been filed by the third party, by name, Shantilal Kothari, who was originally a tenant under the testator Sathrasala Venkatram, stating that he is having a caveatable interest in the estate of late Sathrasala Venkatram since a lease deed was executed by the testator in his favour on 22.01.1997 for 51 years in respect of the property owned by the testator at door No.140, Govindappa Naicken Street, Chennai-1. As per the terms of























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