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Madras High Court
Gnanambal vs Ammalu Ammal on 15 February, 1894
Equivalent citations: (1895) 5 MLJ 94


JUDGMENT

1. We see no reason to doubt the correctness of the Judge’s finding that A is in the handwriting of the deceased Sadasiva Sastri. It is contended for the appellant that, even if A is genuine, it was intended only to operate in case of the death of the testator within the year, as is apparent from the words ‘Melpadi Varushathukkullaaga’ (for the above year) contained in it.

2. We are of opinion that these words cannot have been used without some object and the only object with which they can be held to have been used is to limit the operation in the manner urged on behalf of the appellant.

3. Such being the case, the deceased must be held to have died intestate and petitioner’s application for Letters of Administration with copy of the Will annexed must be dismissed.

4. We allow this appeal and, setting aside the Lower Court’s order dismiss the application for administration with costs throughout.


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