N.K.Sodhi, J.

1. This appeal under Clause X of the Letters Patent is directed against an order of a learned single Judge whereby he allowed the petition filed by Hardyal Singh Dhillon-respondent under Section 276 of the Indian Succession Act, 1925 (for short, the Act) for the grant of a probate. Facts necessary for the disposal of the appeal may first be noticed.

2. Kirpal Singh Dhillon retired as Assistant Director of Industries, Punjab and he died on October 31, 1979 at the age of about 67 years. At the time of death he owned the following properties:-

i). House No. 148, Sector 27-A at Chandigarh;

ii). Agricultural land measuring 48 Kanals 10 Marlas and one vacant residential site besides a tubewell at his native village Talwandi Abdar, Tehsil & District Jalandhar; and

iii). 2 deposits of Rs. 20,000/- and Rs. 10,000/- with private companies besides some other movable property.

He has left behind three sons and two daughters besides his widow. Hardyal Singh Dhillon-respondent who is his eldest son and as a bachelor filed a petition under Sections 276/278 of the Act for the grant of a probate in regard to the will dated July 22, 1978 said to have been left by his father lat