Madras High CourtA/4237/2013dismissed

Chennai Sathatha Sri Vaishnava v. V.S. Sriman Narayan

2021-08-13Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 13TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN A.No.4237 of 2013 IN T.O.S.No. 3 of 1971 In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of Last Will and Testament of Smt.T.K.Kannamma , Widow of T.K.Kannanayya - Deceased V.Srinivasiah, S/o.V.Varadarajaiah, residing at Model House, 1-A, Conoran Smith Nagar, Madras-12.

..Petitioner -VsB.T.Kuppuswamy, S/o.Andal Ammal, No.3, Varadiar Street, George Town, Chennai.

..Caveator /Defendant A.No.4237 of 2013:

In the matter of the revocation of the probate granted in T.O.S.No.3 of 1971

and appointment of administrators/executors under the Last Will and Testament of Smt.Kannamma, Widow of T.K.Kannanaya Intestate deceased and the fixing the liability of the respondent.

CHENNAI SATHATHA SRI VAISHNAVA SANGAM, REPRESENTED BY ITS SECRETARY G.R. NARASIMULU S/O.G.C.RANGIAH, No.10, SURATH BHAVAN STREET, STRAHAN'S ROAD CHENNAI - 600 012 ..PETITIONER -VS1. V.S. SRIMAN NARAYAN NO.1-A, CONORAN SMITH NAGAR, PERAMBUR BARRACKS ROAD, CEHNNAI - 12

2. V.S. NANDAGOPAL NO.4374, TNH, 5TH MAIN ROAD, AYYAPAKKAM, CHENNAI-77 ..RESPONDENTS This application praying that this Hon'ble Court be pleased to revoke the probate granted in T.O.S.No.3 of 1971 by fixing liability on the respondents for their own wrong in misappropriating the properties vested under the registered will dated 09.07.1965, executed by the T.K.Kannamma and consequently provide for the succession of petitioner to the office of executer to carry out the objects of the testatrix of the registered Will dated 09.07.1965 and to vest in such executor of the properties bequeathed under the Registered Will of T.K.Kannamma dated 09.07.1965.

This application coming on this day before this court for hearing the court made the following order:

This application has been filed seeking revocation of the probate granted in TOS.No.3 of 1971 on 29.06.1973.

2. The primary allegation on which the application has been filed is that the Executors are not utilising the property as per the directions in the Will.

3. The respondents though served are not appearing either in person or through counsel duly instructed.

4. The grievance of the applicant is that the terms of the Will have not been implemented by the Executors. If that is their grievance, revocation of probate is not the remedy. If the probate is revoked, neither the Executor nor the applicant can implement the terms of the Will. The property will not vest in the applicant by revocation of probate. Hence, I do not think revocation of probate is remedy that is available for the applicant.

5. This application is therefore dismissed, reserving liberty to the applicant to file appropriate proceedings seeking implementation of the terms of the Will, which are to the effect of creation of Public Trust in favour of particular community.

Sd/.R.S.M.J.

13.08.2021 //Certified to be a true copy// Dated this the day of 2021. Su/17.08.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.