JUDGMENT

The appellant / plaintiff has filed the suit in O.S.No.7 of 1988, seeking declaration and permanent injunction in respect of A schedule property and declaration in respect of B schedule property, wherein the respondents are the defendants.

2.The brief facts of the plaint are as follows:-

The properties originally belonged to one Late.A.Adaikkan, who was working as Lascar in Public Works Department. The plaintiff is the son of the said Adaikkan's brother. The first defendant is the wife of the said Adaikkan. The said Adaikkan had executed his last Will and testamentary on 27.05.1986 in favour of the plaintiff, bequeathing all his movable, immovable properties and also the amounts due from the Chief Minister's Family Benefit Fund, Gratuity, G.P.F., and Pension amounts, which were described as 'A' and 'B' schedule properties. As per the Will, the plaintiff is alone entitled to the suit properties and the first defendant has no right over the same. The said Adikkan died on 29.12.1986. After his death, the plaintiff sent several applications to the 4th defendant, requesting him to pay the amounts described in the B schedule properties to the plaintiff. The first defendant also appeared before the 5th defendant and has given voluntary statement, admitting the execution of the Will dated 27.05.1986. As the 1st defendant had attempted to receive the amounts from the 5th defendant, the plaintiff has sent a lawyer notice dated 30.01.1987 to the 1st defendant and also to the defendants 4 and 5, requesting them to pay the amounts to the plaintiff. In reply to the notice, the 5th defendant directed the plaintiff to produce a letter of probate of the Will dated 27.05.1986 from the Court of law. Accordingly, the plaintiff has filed an application in O.P.No.112 of 1987 before the learned Principal Sub Judge, Madurai for a letter of administration with the Will dated 27.05.1986. However, the same was dismissed for default on 26.10.1987 for non-payment of probate duty. When the plaintiff was taking steps to restore the same, the 5th defendant sent a notice to the plaintiff, directing him to produce the letter of administration within 15 days, failing which the amounts will be paid to the 1st defendant. Therefore, the suit is filed for declaration and other reliefs.

3.The brief facts of the written statement filed by the 1st defendant are as follows:-

The 1st defendant has denied the execution of the Will. If there is such a Will, either it must have been obtained fraudulently or the signatures of the said Adaikkan must have been obtained, when he was in drunken mode. There was no necessity for him to execute a Will. The B schedule properties are only amounts to be recovered from the Public Works Department. As per the rules, the nominees are only entitled to receive the amounts of a Government Servant, after his / her death. Having once given the offer of nomination in favour of this defendant for the realization of the B schedule properties and was formally accepted by the Government on its part, it had amounted to a contract and the said Adaikkan, was estopped from changing the course of law, administrative rules and codes, by executing the alleged Will dated 27.05.1986. Therefore, even if it is assumed that the Will is true and valid, the clauses relating to the administration of B schedule properties must be deemed to be ultra vires of the Acts, Rules, Notifications and Codes governing the procedures. Therefore, the suit is to be dismissed on this ground with costs.

4.The brief facts of the written statement filed by the 5th defendant, which were adopted by the defendants 3 and 4, are as follows:-

The deceased Adaikkan, who was working as Lascar of this Department, died on 29.12.1986, while in service. When he was alive, he nominated the names of his wife and his daughter Adaikee as nominees for Tamil Nadu Government Servant Family Benefit Fund Scheme as per G.O.Ms.No.1515, dated 03.12.1973 to receive the ex-gratia payment paid from the