Judgment

CHANDRACHUD, J.:-This appeal by certificate raises a question as regards the validity of a will executed by an eighty year old woman five days before her death. The testatrix Juggo Bai had a much married son called Beni Chand, the last of whose three marriages has given birth of this long litigation. Beni Chands first wife, Chameli Bai, died leaving behind Respondents 3, 5, 6, 7 and 8 as her heirs. His second wife Kamla Kunwar is Respondent 1. Respondent 4 is her daughter and respondents 9 and 10 are her grand-daughters. Beni Chand had no male issue from his two wives and therefore, in 1928, he gambled for a son by marrying Ved Kumari. That marriage created dissensions in the family, partly because Ved Kumari belonged to a different caste but more substantially because the entry of yet another woman in the household was like a last straw. On October 26, 1961 Jaggo Bai made a will disinheriting her son Beni Chand and the children born of Ved Kumari, and bequeathing her extensive properties to the progeny born of Chameli Bai and to Kamla Kunwar and her progeny. Jaggo Bai died on October 31, 1961.

2. Kamla Kunwar who was appointed under Jaggo Bais will as an executrix filed a p