P D RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A. No. 1600/1995 and O.A. Nos. 282/1995 and 283/1995. The averments in the affidavit in all the three applications are similar and it is as follows: The deponent is a third party. He was born in Kerala in 1958. One Koshy and his wife were neighbours of the applicant. They have brought him to Madras and was bringing him up as their foster son. Koshy died on 4-2-1979. He had purchased the schedule mentioned property on 16-6-1953. His wife had executed a sale deed in respect of the first floor of the said property and it is the subject matter of this petition. The petitioner had a joint account with Mariam Koshy in Canara Bank, Kelly. The petitioner was residing in the same house. In the Voters' list as well as in the Ration Card, his name is in the said premises. He is non employed in M.R.F. as a driver. After the death of Mr. Koshy, one Alexander and his wife who are related to Koshy, came to Madras and they were permitted to be in the premises by Mr. Dr. Mariam Koshy. Mariam Koshy had executed a Will in favour of Alexander on 16-8-1988. But, subsequently, she had cancelled the same and executed a cancellation deed also. She had informed the petitioner that she does not want Alexander to get any benefit under the Will and she does not want to execute any other document. It appears that the respondents have suppressed the execution of the cancellation document dated 24-8-1991 and obtained the probate in O.P. No.516/1994 on 2-12-1994. The present application viz., A. 1600/1995 is to revoke the said probate. O.A. No. 282/1995 is for injunction restraining the respondents from alienating and demolishing the petition-mentioned property in pursuance of the probate. O.A. No.283/1995 is for injunction restraining the respondents from interfering with the possession of the property by the petitioner.

(2.) When these applications were moved, interim injunction was granted in O.A. Nos. 282/ 1995 and 283/1995 and notice returnable by 12-4-1995 was ordered.

(3.) In A. No. 1600/1995, also notice has been ordered.