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1980 Supreme(Mad) 68

S.NAINAR SUNDARAM
P. B. Srinivasan – Appellant
Versus
T. P. S. Varadhan – Respondent


Advocates Appeared:
A. S. Raman and T. E. Parthasarathi, for Petitioners.
V. R. Biksheswaran and Banumathi, for Respondent.

JUDGMENT: —

These two original petitions have been filed by the second son and the widow of a predeceased son of one late Dr. P. B. Annangarachari under the provisions of the Indian Succession Act (XXXIX of 1925) (hereinafter referred to as the Act). The proceedings concern the registered will of late Dr. P. B. Annangarachari which is of the date 26th April, 1973. The respondent in the two petitions is the executor appointed under the said will. O. P. No. 200 of 1979 is preferred under section 301 of the Act for the removal of the respondent as executor appointed under the will, O. P. No. 212 of of 1979 is one filed under sections 192 and 194 of the Act for a direction to the respondent to deliver to the petitioners possession of the X-Ray unit known as T. Nagar X-Rays, situate at No. 99, Usman Road, T. Nagar,Madras-17, on the ground, that the respondent has no lawful title to be in possession thereof. Before the respective cases of the parties are considered on merits, it becomes necessary to set out certain events which have preceded the institution of the present proceedings. Even during the life-time of late Dr. P. B. Annangarachari, the respondent seems to have been put in char







































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