IMPORTANT POINT
The court emphasized the importance of providing sufficient evidence to support claims for property rights and Letters of Administration, particularly in cases involving adverse possession.

JUDGMENT :

(Prayer: Original Petition has been filed under Sections 218 and 278 of the Indian Succession Act XXXIX of 1925 read with order 25 Rule 5 of the Original Side Rules for grant of Letters of Administration in respect of the last Will and Testament of the deceased Andalammal. Against this petition, a Caveat and Objection affidavit was filed by the Caveator. As per order of this Court, the Original Petition No.24 of 2022 was converted into Testamentary Original Suit No.12 of 2023.)

1. This Testamentary Original Suit has been filed to grant Letters of Administration to the property and credits of the deceased G. Andalammal in favour of the petitioner/plaintiff namely Dr. G. Krishnamurthy, having effect throughout the whole of the State of Tamil Nadu and limited to the property mentioned in the schedule.

2. The case of the Plaintiffs, as set out, in the plaint is as follows:-

(a) The deceased Andalammal died intestate on 03.08.2005 leaving behind her surviving legal heirs namely, 1) the plaintiff, Dr. G. KrishnaMurthy 2) defendant, Kamala 3) Dhamayanthi-daughter-in-law, 4) Jamuna-Grand daughter, 5) Geetha-Grand daughter, 6) Dr. R. Palani, Grand son, 7) J. Asok Kumar-Grand son, 8) J. Mohanasundari-grand daughter, 9) Jamuna-daughter-in-law, 10) E. Rajeswari @ Rajalakshmi, daughter-in-law, 11) E. Balaji - grand son, 12) E. Venugopal-grand son,13) P.Sridhargrand son, 14) G.P. Renukadevi-grand daughter, 15) Dr. G.P. Gayathrigrand daughter, 16) Kamala-daughter, 17) G. Venkatesvaralu-son, 18) G. Hemanth Kumar-son, 19) G. Hemalatha-daughter, at No.20/34, M.C.M Garden, 3rd Lane, Old Washermenpet, Chennai-600 021, where she was residing. The deceased G. Andalammal died intestate and that due and diligent search has been made for a Will, but none has been found and the petitioner claims administration of her property estate, effects and credit as his. She is absolute owner of the entire property as owner of land and superstructure by title by prescription. The petitioner being son of deceased G. Andalammal who is entitled for 1/9th share of the property of the deceased estate.

(b) The amount of assets, which is likely come into the hands of the Plaintiff does not exceed in the aggregate sum of Rs.50,00,000/- and the net amount of the said assets, after deducing all the items, which the Plaintiff, is by law allowed to deduct, is only of the value of Rs.10,00,000/-. The property being house, ground and premises bearing No.20/34, M.C.M. Garden 3rd Street, Old Washermenpet, Chenai-600 021, measuring an extent of 581 sq.ft.w ith ground plus two floors constructed built up area with terrace, morefully described in the schedule has been in peaceful possession and enjoyment of the petitioner from 1981.

(c) The land was originally belonging to Manali Ramakrishna Mudaliar. He leased out 4 kawnis 19 grounds and 538 sq.ft. to Pannam Govindaswamy Chettiar. The lease was for a period from 01.03.1941 to 27.02.1950. The said land was leased to engage usufructuous to put up superstructure. Therefore, there were nearly about 100 tenants who occupied the land and were residing there permanently. The petitioner/plaintiff's mother G. Andalammal was one among such tenants, by occupying 581 sq.ft. of land and constructed a superstructure and was residing there from 1941. After the life time of lease holder, Pannam Govindaswamy Chettiar, was continued to be leased as holding the tenants, who were residing in the larger extent of the property. The legal heir of Ramakrishnan Mudaliar filed O.S No.6445 of 1972 against the lease holder, their legal heir and the tenants who were occupying the land as tenants and in which 73 defendants in the said suit. The petitioner's mother G. Andalammal was defendant no.39 in the suit and a decree to evict on 29.09.1983 was granted to Dr. M.R. Srinivasan and 3 others. The above said decree dated 29.09.1983 ought to have been executed on or before 12 years i.e. 29.09.1995. But the same was not executed within the prescribed period