J U D G M E N T

The Suit has been filed for a preliminary decree that the plaintiff is entitled to one half share in respect to the Suit schedule mentioned property; to appoint an Advocate Commissioner and direct division of the property by metes and bounds by passing a final decree; and to divide the rental income derived from the suit property into two shares and allot one share to the plaintiff from the date of management i.e., 10.08.2012 till the date of plaint as per the statement enclosed amount to Rs.45,45,000/- and further direct the defendant to remit the plaintiff's half share of the present rent of Rs.1,50,000/- per month being collected by the defendant from the date of plaint till the date of delivery of possession of the plaintiff's share to the plaintiff.

2.The plaintiff and the defendant are brothers. It is the case of the plaintiff that the suit schedule property was originally belonged to the parents of the plaintiff and defendant. The plaintiff's father Late D.N.Roy had executed a Will dated 17.08.1987 which was registered as Document No.63 of 1987 in the Office of the Sub Registrar, T.Nagar, Chennai, bequeathing the superstructure of the suit schedule property equally in favour of the plaintiff and the defendant. Similarly, her mother Late Parula Bala Roy also executed a Will dated 17.08.1987, which was registered as Document No.64 of 1987 in the Office of the Sub Registrar, T.Nagar, Chennai, bequeathing the land situated in Thirumalai Pillai Road, T.Nagar, Chennai, measuring 2 Grounds and 2227 sq.ft equally in favour of the plaintiff and the defendant. The plaintiff's father died on 31.10.1994 and his mother died on 08.04.2007 leaving behind them, the plaintiff, defendant and two daughters as their legal heirs.

3.After the demise of the parents of the parties, the plaintiff filed

Original Petitions in O.P.Nos.99 of 2011 and 100 of 2011 for grant of Letters of Administration in respect of the Will dated 17.08.1987 executed by his father and the Will dated 17.08.1987 executed by his mother. The sisters of the plaintiff were arrayed as party respondents and also filed their consent affidavits for grant of Letters of Administration in favour of the plaintiff. This Court has granted Letters of Administration in favour of the plaintiff by order dated 10.08.2012 and the Certificate of Letters of Administration was also issued in favour of the plaintiff on 04.12.2012 by this Court.

4.Subsequently, the defendant filed an application in A.No.3524

of 2013 in O.P.No.99 of 2011 and application in A.No.3525 of 2013 in O.P.No.100 of 2011 to revoke the Letters of Administration granted in favour of the plaintiff. However, those applications were dismissed by this Court on 03.01.2014. Thus, the grant of Letters of Administration in favour of the plaintiff has reached finality.

5.Thereafter, the plaintiff filed the present Suit for partition. At this stage, the defendant once again filed an application in A.No.4905 of 2023 in O.P.No.99 of 2011 seeking to revoke the Letters of Administration granted in favour of the plaintiff on the sole ground that her mother has left an unregistered Will bequeathing the land in favour of the defendant and the reason for filing such a belated application was to the effect that the said unregistered Will was traced only when the defendant cleaning his house in

April 2020. Hence, the present Suit has been resisted on that ground.

6.Since an application has been filed to revoke the Letters of

Administration granted in favour of the plaintiff earlier, based on the unregistered Will, when the evidence was half way through before the Master and the matter has came before this Court, this Court taking note of the nature of the issues in the suit and the application, has permitted the parties to adduce the evidence of D.W.1 in the suit and it is also made clear that the same should be treated as common evidence for both the application and the suit. In such way, D.W.2 and D.W.3 were examined before this Co