JUDGMENT :

A. Misra, J. - Defendant No. 1 in a suit for grant of letters of administration in favour of Respondent Nos. 1 and 2 is the Appellant.

2. Plaintiff Nos. 1 and 2 are the Bons, Defendant Nos. 3 to 5 are daughters and Defendant No. 1 is the widow of Narasingh, the predecased son of one. Hari Sahu. Defendant. No. 2 is the widow of Hari. Hari along with his sons constituted a joint family. He executed and registered a will on 6-10-1963 devising his interest in the joint family property in favour of his two surviving sons (Plaintiffs). On these allegations, the Plaintiffs prayed for grant of letters of administration in their favour.

3. Defendant Nos. 2 to 5 did not enter contest. Defendant No. 1 resisted the suit on the following grounds: (1) The will purporting to convey the undivided interest of Hari in the joint family property is invalid; (2) Hari was not in a sound disposing state of mind at the date of execution of the Will, and as such, it was not executed with his free consent; (3) prior to the date of execution of the alleged Will, she had filed a partition suit in which Hari was a party and during the pendency of the suit had no right to convey his interest by Will; (4