( 1 ) THIS special appeal has been preferred against the judgment and order dated 8. 7. 1985 of a learned single Judge in Testamentary Suit No. 1 of 1983 whereby the petition filed by Mrs. Ethel walters for grant of Letters of Administration of by estate of Mrs. Maud Flora Datt (for short maud Datt) was allowed.

( 2 ) THE property in dispute consists of house No. 7 N. K. Mukherjee Road and house No. 9 (old no. 14) N. K. Mukherjee Road. Allahabad, besides a fixed deposit of Rs. 10,000 and 1,200 in saving Bank Account in Central Bank of India, Civil Lines Branch, Allahabad and some household goods. The houses originally belonged to Eugin Eustas Datt, son of Rai Sahab Jeewan masih Datt (for short J. M. Datt ). He had three brothers and one of them was Archibald Datt whose son is the appellant Ajit Datt, Eugin Eustas Datt (for short E. E. Datt) died issueless on 28. 11. 1959 leaving a Will in favour of his wife. Mrs. Maud Datt whereby he bequeathed his entire estate to her, a probate of the Will was granted in her favour on 23. 3. 1962 in Probate testamentary Case No. 10 of 1960 by the Allahabad High Court. The dispute has arisen after the death of Mrs. Maud Datt which