( 1 ) THE appellant filed Miscellaneous Case No. 78 of 1953 in the Court of the District Judge, civil Station, Bangalore, for revocation of the probate granted to the first respondent on 1-8-1953 in respect of the will and codicil executed by the petitioner's mother Mrs. Florence emellia Alphanso on the ground that the executor (Respondent No. 1) had sold the only immovable property comprising the estate fraudulently and collusively for a nominal sum of Rs. 20,400/- though in, fact the property was worth more than Rs. 30,000/ -. Respondent No. 2 is the purchaser of the property. The respondents 1 and 2 questioned the maintainability of the application alleging that the ground mentioned in the petition for the revocation of the grant did not all within the scope of Section 263 of the Indian Succession Act, 1925. The learned District judge upheld the contention of the two respondents and dismissed the application with costs.

( 2 ) THE sole point raised by Sri Govindaraju en behalf of the appellant for our consideration is whether the ground mentioned in the petition would fall within Clause (d) of the explanation to section 263 of the Succession Act 1925 (hereinafte