JUDGMENT :

S.C. Mohapatra, J. - This is an appeal by the Defendant u/s 299 of the Indian Succussion Act. 1925 (hereinafter referred to as 'the Act').

2. Letter of administration granted in respect of the Will (Est. 10) dated 12-2.1972 written in Telugu language in favour of the Plaintiff by her father Kamalnath Roy is assailed in the present appeal which is being continued by the legal representatives of the original Appellant who died during pendency of the appeal.

3. Trial court accepted the English translation of the Will as follows;

Maharaja Kumar Shri Kamalnath Roy Jeypore Dt. 12-2-72. The money which I have now with me by this dated 12-2-1972 is Rs. 4,303.63 p. Some amount is yet to come from Srikakulam. All these are to be given to my daughter Jayashree. This is written out of my free Will. I have written this in my own hand. As I am suffering from Paralysis, I am not able to write more. There are no heirs. My daughter is the absolute owner. This is my free Will. It shall thus be determined. Kamalnath Roy, 12-2-72.

This translation has not been disputed before us.

4. Kamalnath is the son of Late Vikram Dev, the intermediary of Jeypore Estate. He was residing in the palace at Jeypo