( 1 ) THIS Appeal is directed against the grant of Letters of Administration of the state of deceased Bai Kanta made in favour of the present Respondent by the learned Assistant Judge Mehsana in Civil Miscellaneous Application No. 24 of 1958 by his order dated. November 5 1959

( 2 ) THE present respondent Chhanalal Ambalal claiming to be entitled to the grant of Letters of Administration of the estate left by his deceased wife Bai Kanta as a legatee under a registered will made by Kantas deceased mother Bai Mangu on February 18 1941 had filed an application for the Purpose. The estate is listed not in a separate schedule but in para 4 of the application. The application was originally filed In the Court of the Civil Judge Senior Division Visnagar. The grant was however contested by the present appellants who had lodged a caveat. The respondent had therefore presented the application in the Court of the District Judge Mehsana where it was registered as Civil Miscellaneous Application No. 24 of 1958 and then transferred to the Court of the Assistant Judge Mehsana for disposal.

( 3 ) ORIGINAL applicants (respondents) case is that Bai Mangu was his widowed mother-in-law be