Judgement

GROVER, J.:- This is an appeal by special leave from a judgment of the Allahabad High Court in a matter relating to probate of a will dated May 10, 1960 alleged to have been executed by Chhangur Sahu, a resident of Varanasi City, who owned considerable movable and immovable properties.

2. Chhangur Sahu, who died on October, 20 1962 when he was over 87 years of age, had a wife and a daughter alive at the time when he executed a will. It appears that no previous will was executed by him. It was recited in that will that he had no son but his daughter Sumitra Devi had been married long ago. By this will Changur Sahu-left a life interest to his wife in the properties. After death Radha Ballab-respondent before us - who is stated to be a relation of the testator and who was appointed executor of the will was to get the properties covered by the will. It was provided that the executor was to look after the maintenance of Sundari Devi the sister of Radha Ballab and also perform the marriage of he daughter. He made no bequests whatsoever in favour of his daughter Sumitra devi. The will was attested by two witnesses, Ram Charan and Sankatha Prasad Singh, it was got registered and wa