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TMI Blog2015 (9) TMI 1735X X X X Extracts X X X X X X X X Extracts X X X X ..... ng a decree for (i) declaring that the registered sale deed bearing Reg.No.976 of 2010 on the file of the Sub-Registrar Office at Kodambakkam, executed by the plaintiff in favour of defendants 1 and 2 as null and void and not binding on the plaintiff or any person claiming right through them and cancel the same; (ii) for permanent injunction restraining the defendants from alienating or in any manner encumbering the plaint schedule property and for costs. 2. The suit was still pending when Sri.Krishna Rao passed away on 21.12.2010. The descendants of Sri.Krishna Rao were impleaded as legal heirs in his place. 3. The dispute starts with the present appellant also seeking his impleadment in the suit as a legal heir on the basis of the testa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the finding was to the contrary. Learned counsel sought to take a ambivalent stand by first claiming that a probate petition had been filed and SR number given, i.e., the probate was still under objection and not numbered. He, however, was not able to state the date on which the probate petition had been filed. On pointing out that the impugned order proceeds on a premise that no such application has been filed, learned counsel sought to contend that relevant material was before the learned Single Judge and it was, accordingly, informed to the learned Single Judge. When we asked him to say as to what it is the material which was placed before the learned Single Judge, he changed the direction to say that no materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly probate is required for any Will all over the country, a position of law, which is, on the face of it, not correct and is contrary to Section 57 of the Indian Succession Act, 1925. Suffice to say that the judgment cited by the learned counsel is good for the proposition that for purposes of bringing the legal representatives on record in inter se disputes between rival legal representatives, those can be decided in appropriate proceedings and all the legal representatives can be brought on record in proceedings for eviction under the Rent Control Act for recovery against the tenant. 9. Learned counsel, apparently, seems to have failed to focus on the crucial issue the mandatory requirement of a probate of the Will in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cutor had been taken into account. The appellant is not an Administrator as he was not a person appointed by the Competent Authority to administer the estate of the deceased person. In so far as the defence as an Executor under Section 2(c) of the Indian Succession Act is concerned, the Executor means the person to whom execution of the last Will of a deceased person is, by the Testator's appointment, confided. Thus, we are in complete agreement with the view taken by the learned Single Judge that the appellant cannot possess a description of either an Administrator or an Executor. 12. We may also notice the nature of civil proceedings, which are before the Court, i.e., a claim by the deceased to set at naught t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The object appears to be that in case the legal heirs impleaded in place of the deceased seek not to prosecute the suit or do not produce material, the appellant has a status there to do so. 14. We find the appeal, thus, completely meritless and also a proceeding in which ambivalent stands have been taken to somehow get the appeal admitted without answering the Court queries. The aforesaid being a dispute about an estate and thus, commercial in character, we see no reason why the appellant should not be burdened with costs of the present proceeding, which we quantify as Rs.20,000/- (Rupees twenty thousand only), of which half the amount be paid to the respondents / caveators before us and the remaining half be deposited with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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