Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Assam High Court in a probate matter. The main appellant is Rani Purnima Debi widow of Kumar Chandra Narayan Deb (hereinafter called the testator), who died in June 1946. The second appellant is the testator s married daughter. An application was made by Kumar Khagendra Narayan Deb (hereinafter referred to as the respondent) before the District Delegate, Gauhati in August 1946 for grant of letters of administration with the will annexed. The case of the respondent was that the testator had executed a will on December 29, 1943, in favour of the respondent by which the testator gave his entire property to the respondent subject to the respondent s maintaining the testator s widow and sister. Objections were filed on behalf of the appellants to the grant of letters of administration on the basis of the will propounded by the respondent and three main grounds were urged in that connection, namely (i) that the will was not duly and legally executed and attested, (ii) that the testator had no sound disposing mind at the time he executed the will, and (iii) that the will was the outcome of undue influence