JUDGMENT

S.B. Sinha, J.-Interpretation of Section 61 of the Karnataka Land Reforms Act, 1961 (for short, "the said Act") falls for consideration in this appeal which arises out of a judgment and order dated 25.5.1999 passed by a Division Bench of the High Court of Karnataka in Misc. First Appeal No. 2353 of 1990.

2. Before adverting to the issue involved in this appeal, the factual matrix of the matter may be noticed.

3. The appellant herein filed an application purported to be under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration with a copy of the Will dated 20.2.1984 annexed purported to have been executed by one Anthony Rebello. The respondents herein are the wife and children of the testator. The factum of the execution of the Will having been denied and disputed by the notices, the said application was converted into a suit and marked as O.S.No. 66 of 1986.

4. The Trial Court decreed the suit holding, inter alia that the testator executed the Will with full knowledge, having sound state of mind and it was not obtained by practicising fraud, misrepresentation or duress.

5. On an appeal preferred thereagainst, the High Court while exercising its