M.A.Sundareswaran And Another v. Dr.M.A.Bhageerathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-01-2026
CORAM
THE HON'BLE DR.JUSTICE R.N.MANJULA in T.O.S.No.89 of 2024
1. M.A.Sundareswaran, S/o.Late M.S.Anantharaman, Old No.7, New No.12, Thiyagarajapuram, Near Madava Perumal Temple, Mylapore, Chennai 600 004.
2. M.A.Krishnaswamy S/o.Late M.S.Anantharaman, No.110/36, Apparswami Koil Street, Mylapore, Chennai 600 004.
..Applicant(s) Vs Dr.M.A.Bhageerathi W/o. N.Kanakasabesan and D/o. Late M.S.Anantharaman, at GF2, Coronet Castle No.7/16, Marvadi Tottam, Mylapore, Chennai 600 004.
..Respondent(s) PRAYER - This Application is filed under Order XIV Rule 8 of O.S. Rules read with Order VII Rule 14(3) of the C.P.C. to grant permission to receive the additional documents filed by the Applicants/Plaintiffs. For Applicant(s):
M/S.K.V. Sundararajan For Respondent(s):
M/s.Aravind Srevatsa
O R D E R
This application has been filed by the applicants/plaintiffs to receive the following documents in order to produce them as evidence on the side of the plaintiffs:
S. No.
Date of Doc.
Description of Document Nature 1.
04.01.2006 In page No.44 of "India Today"
publication mentioning about Testator along with the Plaintiffs.
Original 2.
Series "The Hindu" publication mentioning about Testator and the Plaintiffs with the photograph (2 Nos.) Original 3.
Series Offers made by All India Radio for engaging Testator and also to perform with the Plaintiffs (2 Nos.) Original 4.
05.05.2009 Letter issued by the Music Academy of Madras for fixation of Testators performance Original 5.
- Invitation issued by Tamil Nadu Music College for giving Award namely "Kalai Neraivithakar" to the Testator Original 6.
25.01.2010 Letter issued by Principal of Tamil Nadu Music College thanking the Testator for receiving the award by the College Original
7.
21.01.2011 "The Hindu" Publication mentioning about the Testator, Plaintiffs and the Defendant with Photo Original 8.
19-25.10.2013 "The Mylapore Times"
Publication mentioning about the Testator and the Plaintiffs with Photograph Original 9.
11.01.2013 "The Hindu" Publication mentioning about the Testator and Plaintiffs with Photo Original 10.
09.01.2015 "The Hindu" Publication mentioning about the Testator with Photo of the House Original 11.
- Passport of the Testator Photo Copy 12.
- Marriage invitation of Testator Grandson Original 13.
- Reception Invitation of Testator's Grand Son Original 14.
- Pen drive Original 2.It is submitted by the learned counsel for the applicants that the applicants have got a duty to prove that the testator was in a disposing state of mind at the time when the Will was executed. He further submitted that the defendant has raised her contention in written statement about the health condition of the testator after 2000 and in the event of the plaintiffs not allowed to produce these documents, it will not be possible for them to prove that the
testator was in a sound, disposing state of mind after 2000. The Will in question is a registered Will.
3.The Will is of the year 1986. The Testator's state of mind after 2000 is nowhere relevant to prove his health condition during the year 1986, when he executed the Will. It is needless to say that the validity and genuineness of the Will can be proved in the manner known to law and more specifically under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act. Even by producing these documents alone, it cannot be presumed that the plaintiffs have discharged their burden in the manner known to law and as stated above. In the event of the plaintiffs discharging their burden as laid down by the law, then it is for the defendant to disprove and establish that the testator was not in a sound state of mind at the time when the Will was executed in the year 1986. The scope of the T.O.S.
is well limited and it revolves around the genuineness of the Will and not any other thing or any other disposals that might have occurred subsequent to the date of the execution of the Will, unless such transactions are made to the effect of cancelling the subject Will. 4.It is to be noted that no other suit has been filed or ordered to be tried along with T.O.S. which would compel the plaintiffs to produce these documents pertaining to the change in the title if any subsequent to 1986.
5.As these documents are not relevant to the issue now floats in the T.O.S., the Application stands dismissed. No costs. 08-01-2026 Index: Yes/No Speaking/Non-speaking order GSA To Dr.M.A.Bhageerathi, W/o. N.Kanakasabesan, D/o. Late M.S.Anantharaman, at GF2, Coronet Castle No.7/16, Marvadi Tottam, Mylapore, Chennai 600 004.
DR.R.N.MANJULA, J.
GSA in T.O.S.No.89 of 2024 08-01-2026