Judgment

S. M. FAZAL ALI, J.: - This appeal by certificate is directed against the judgment of the Delhi High Court dated 15-2-1967 reversing the decision of the Single Judge and dismissing the application filed for grant of probate by the appellant of a will said to have been executed by Smt. Jog Maya on the 1st July, 1947 and registered on 9th July, 1947. Smt. Jog Maya died on 22-10-1955. Soon thereafter the appellant who was the sole legatee and executor under the will filed a petition before the District Judge, Delhi for grant of letters of administration or probate.

2. Put briefly the appellants case was that Smt. Jog Maya was a resident of Mohalla Rang Mahal, Nahar Sadat Khan Delhi and although she had an adopted son, namely, the respondent Pt. Devi Charan there was no love lost between Smt. Jog Maya and Devi Charan so much so that in her will the testatrix expressly mentioned that the adopted son should not be permitted to perform her funeral rites on her death nor should he be allowed to touch her body. The appellant Durga Prashad on the other had was looking after the affairs of the lady and doing her work from time to time. It was perhaps in lieu of the services rendered by