Santhi Kumar v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.04.2019

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(NPD).No.1283 of 2019 Santhi Kumar ... Petitioner Vs.

Nil ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow this revision petition by setting aside the order and decreetal order dated 31.10.2018 passed in O.P.No.79 of 2018 on the file of Additional District (Fast Track) Court, Mettur. For Petitioner : Mr.P.B.Balaji

O R D E R

The civil revision petition has been filed against the order and decreetal order dated 31.10.20185 passed in Probate O.P.No.79 of 2018 on the file of the Additional District (Fast Track) Court, Mettur.

2. Probate O.P.No.79 of 2018 has been filed by the revision petitioner

seeking probate of the Will executed by Rajalakshmi dated 22.09.2002 which was executed by the testator in respect of her properties both movable and immovable. The immovable property which is the subject matter of the Will is situated at Raman Nagar, Veerakkalpudud Village, Mettur taluk, Salem district. Since the property was situated within the jurisdiction of the learned Additional District Court, Mettur, the revision petitioner has filed the petition before the Additional District Court, Mettur. In fact, the provision of Section 270 of Indian Succession Act 1925 provides the jurisdiction of the Court on the basis of the permanent residence of the deceased or where the immovable/movable property is situated.

In fact, it is with reference to the situation of the property that the petitioner has moved before Additional District (Fast Track) Court, Mettur. The learned Judge, however, on an erroneous consideration of Section 270 of Indian Succession Act 1925 has proceeded to observe that in order to come within the jurisdiction of the Court at Mettur, two conditions have been fulfilled namely the residence of the testator should be within the jurisdiction of the Court and the movable or immovable property should also be within the jurisdiction of the said Court.

immovable within the jurisdiction of the said Court. The learned Judge has overlooked the comma between the two conditions. The learned Judge erred in not correctly looking into the provision and invocation of jurisdiction of Court at Mettur by the petitioner is correct and therefore, the civil revision petition is liable to be allowed. The matter is remitted back to the learned Additional District Judge (Fast Track Court), Mettur for consideration of the petition on merits. Accordingly the civil revision petition is allowed. No costs.

03.04.2019 Speaking order/Non-speaking order Index : No Internet : Yes dpq

P.T.ASHA.J dpq To The learned Additional District Judge (Fast Track Court), Mettur C.R.P.(NPD).No.1283 of 2019 03.04.2019