Case Law Details
Murthy Vs C. Saradambal & Ors. (Supreme Court)
This appeal assails the judgment and decree dated 08th December, 2008 passed by the High Court of Judicature at Madras, in O.S.A. No. 470 of 2002 by which the judgment and decree passed in T.O.S. No. 20 of 1994, wherein the learned Trial Judge of the High Court had dismissed the suit for grant of Letters of Administration, was set aside and the said suit was decreed.
2. For the sake of convenience, the parties shall be referred to in terms of their status in O.P. No. 150 of 1993 which was converted to T.O.S. No. 20 of 1994, which was filed for grant of Letters of Administration.
3. It is the case of the plaintiffs that E. Srinivasa Pillai, father-in-law of the 1st plaintiff, had died on 19th January, 1978 leaving behind his last will and testament dated 04th January, 1978. The said will was said to be executed in the presence of two attestors. The testator E. Srinivasa Pillai had a son, named S. Damodaran, who died intestate on 03rd June, 1989 at Madras, leaving behind the plaintiff-wife C. Saradambal and his two daughters viz., D. Prema, aged 20 years and D. Deepalakshmi, aged 18 years. The testator, apart from his son, S. Damodaran, left behind two daughters viz., Savitri Ammal, wife of P. M. Elumalai and Padmavathi, wife of T. Rajaram.
4. The bequest was made in the name of testator’s son viz., S. Damodaran to the exclusion of the testator’s daughters in respect of the house in which the testator and his family were residing, situated at Premises No.10, Azeez Nagar II Street, Kodambakkam, Madras-24. The daughters of the testator had filed O.S. No. 5477 of 1990 on the file of IV Assistant City Civil Judge Court, Madras seeking partition of the said property. Therefore, it had become necessary for the plaintiffs to file the petition seeking Letters of Administration.
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