JUDGMENT :

PRAYER in T.O.S.No.24 of 2003:- The deceased first plaintiff, as the petitioner, has filed a Original Petition in O.P.No.326 of 2000 under Order XXV Rule 5 of Original Side Rules read with Sections 232 and 276 of the Indian Succession Act 1925, for the grant of Letters of Administration with the last Will and Testament of the deceased Sakunthala Ammal, having effect throughout the State of Tamil Nadu. In this O.P., Letters of Administration was also granted on 10.08.2000. Later, as per the order of this Court dated 20.02.2003 made in Application No.670 of 2003, Letters of Administration granted on 10.08.2000 in O.P.No.326 of 2000 was revoked and the Original Petition was ordered to be converted into Testamentary Original Suit and numbered as T.O.S.No.24 of 2003.

PRAYER in Tr.C.S.No.91 of 2004:- This is a suit filed under Order VII Rule 1 of C.P.C.,

a) for partition and separate possession of 2/3rd share of plaintiffs, i.e, 1/3rd share of the 1st plaintiff and 1/3rd share of the second to fifth plaintiffs together, in the schedule mentioned property and for future mesne profits, the plaintiffs value the suit;

b) for 2/3rd share of yearly mesne profits of Rs.60,000/- from the date of the decree till date of delivery of 2/3rd share of the properties to the plaintiffs herein i.e.1/3rd share to the first plaintiff herein and 1/3rd share of the second to fifth plaintiffs together;

c) for costs of the suit;

In T.O.S.No.24 of 2003:-

This suit is filed for grant of Letters of Administration in respect of the last Will and testament dated 14.03.1995 executed by the testatrix Sakunthala Ammal.

2. The case of the plaintiffs is that Sakunthala Ammal had executed her last Will and testament dated 14.03.1995 at No.7 Hajee Sheik Hussein 1st lane, Royapettah, Chennai – 600 014, in the presence of witnesses i) K.Thanigavelu, ii) K.S.Rajendran. She died on 15.10.1999. The amount of the assets which are likely to come to the hands of the plaintiffs does not exceed Rs.1,50,000/-. Sakunthala Ammal did not have any issues and her husband Arumugha Mudaliar pre-deceased her. Plaintiffs are the only beneficiaries under the Will. Plaintiffs undertake to duly administer the property and credits of the deceased Sakunthala Ammal. Therefore, this suit.

3. The case of the first defendant is that Sakunthala Ammal died leaving the following persons as legal heirs :-

i) Pushpavathi

ii) K.Jamuna

iii) V.Raja

iv) V.Parthasarathi

v) D.Gunalan

vi) D.Dhayalan

vii) D.Ravindran

viii) D.Anandan

4. Smt.Nagabushanammal, one of the sisters of Sakunthala Ammal and the mother of the defendants 2 to 5 died on 24.07.1993. The suit property originally belonged to Arumugha Mudaliar. Through a Will dated 29.07.1969, Sakunthala Ammal acquired the property and was in possession and enjoyment of the property. She settled the agricultural lands in favour of her brothers and settled the suit property in favour of her three sisters by way of a registered gift deeds dated 31.05.1990 bequeathing 1/3rd share each in favour of Nagabushanammal, Pushpavathy and Jamuna. There is no reason for Sakunthala Ammal for revoking the settlement in favour of her sisters and execute the Will in favour of the deceased plaintiff alone. Her sisters had taken care of Sakunthala Ammal. Petitioner/plaintiff resided in the petition property and taking advantage of that, she coerced Sakunthala Ammal to execute the Will in her favour. The Will had come into existence due to coercion and undue influence. Sakunthala Ammal was not in a sound and disposing state of mind at the time of the execution of the Will. She did not inform the defendants about her intention to execute the Will in favour of the plaintiff. The Will is surrounded by suspicious circumstances. Defendants sent notice dated 09.04.2001 for amicable partition. In a reply dated 23.04.2001 plaintiff had not mentioned about the Letters of Administration granted on 10.08.2000. Defendants filed a suit for partition in O.S.No.5974 of 2001 on the file of the II A