Once the Will was probated, it cannot be questioned unless it is revoked by Appellate Forum says Madras High Court.
Case Title:
The President, Sri Bhagavatha Thithiyaradhanai Committee
Versus
THIRU.JEEYAR.
Date of Decision: Reserved On 07.06.2023.
Pronounced On 10.07.2023.
Coram: THE HONOURABLE MR. JUSTICE P.VADAMALAI.
Citation: C.R.P(PD)(MD).Nos.845,846 and C.M.P(MD)No.3705 of 2018.
Introduction:
The revision petitioner filed the suit in O.S.No.92 of 2015 on the file of the Additional District Munsif Court, Nanguneri against the revision respondent for the reliefs of permanent injunction. The revision respondent filed a written statement and both side adduced their respective oral and documentary evidence and the suit is pending for argument. At the stage of argument, the revision petitioner has filed a petition in I.A.No.132 of 2018 to reopen the case and the petition in I.A.No.133 of 2018 to send for documents from the Sub Registrar. The respondent resisted both applications. After hearing both sides, the Trial Court has dismissed both the petitions on 21.03.2018. Aggrieved by the orders of the Trial Court, the plaintiff has approached this Court by way of these respective Civil Revision Petitions.
Facts:
Petitioner has argued that the suit property belonged to Venugopala Ramanuja Dass and he had constructed “Sri Venugopala Ramanuja Koodam” to perform Bhajans and to provide food and shelter during festivals by forming Sri Bhagavatha Thithiyaradhanai Committee. After his demise on 09.06.1966, the said committee continued the charities. The suit property is under the possession of the plaintiff. Since the defendant interfered with possession, the plaintiff filed the suit. The defendant claimed right over the suit property by virtue of Will dated 07.06.1966 allegedly executed by Venugopala Ramanuja Dass in his favour and Will was permitted to be received as per order in I.A.No.1202 of 2017. The plaintiff contended that the said Venugopal could not execute any Will and it might be forged one. The said Venugopal has already executed a mortgage deed under Document No.3362/60 and the mortgage receipt in the year 1961. The signature found in Will belonged to testator or not
would be ascertained by sending the document to handwriting expert. Therefore, those documents along with Will have to be sent from the concerned Registrar and the same have to be sent for obtaining expert opinion. The Trial Court without considering the facts has passed erroneous order and these Civil Revision Petitions may be allowed.
Legal Analysis and Decision:
It is clear that the revision petitioner filed the main suit against the respondent for the reliefs of permanent injunction in respect of the suit property. The suit property originally belonged to Venugopala Ramanuja Dass, who constructed a mutt for providing shelter and food during the festival and also formed a plaintiff committee to administer it. The revision respondent contended that the said Venugopala Ramanuja Dass executed the Will in his favour 50 years back and after demise of Venugopala Ramanuja Dass, the Will was probated before the Court of law in O.P.No.31 of 1968. The plaintiff has not denied it. The plaintiff has not contended that the probate was revoked. Therefore, since the Will was probated, it would bind all the parties. There is no dispute that the suit is pending for argument stage after adducing both side evidences. As the suit is reached the final stage, the plaintiff has filed the petitions to reopen for sending the Will to signature expert as the Will could not be executed by the Venugopala Ramanuja Dass, which is not acceptable one. Once the Will was probated, it cannot be questioned unless it is revoked by Appellate Forum or through subsequent proceedings. It is pertinent to note here that the main suit is only for permanent injunction. It is not filed for claiming title over the suit property. Therefore, the observation of the Trial Court that the plaintiff filed the present petitions to further drag on the suit properties is upheld and the impugned orders of the Trial Court do not warrant interference. Thus, the Civil Revision Petitions fail and the same are liable to be dismissed.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.