- (1.) The plaintiff in OS No. 4 of 1970, IInd Additional District Judge's court, Bangalore, is the appellant herein. She filed an application under Section 276 of the Indian Succession Act, 1925, Pandsc No. 124 of 1969 for the grant of Letters of Administration of the estate of the deceased, Mrs. Primrose Mary Vas (her mother). Mrs. Primrose Mary Vas had executed Ex. P-l, Will dated 19-6-1964. The first defendant in the suit (husband of the testatrix) and the second defendant are the executors of the said Will. The plaintiff called upon the executors on 6/3/1969 to take out a probate. She was not favoured with any reply. On 26/7/1969, M/s D. A. Costa and D. A. Costa, Advocates informed the plaintiff that the second defendant was unwilling to act as the executor and that the first defendant was intending to contest the Will. It was in these circumstances, the plaintiff as a legatee, prayed for the grant of Letters of Administration of the estate of the deceased, Mrs. Primrose Mary Vas (her mother) with a copy of the Will annexed as Annx. Ex. P-l. The first defendant in the suit is Mr. Emmanuel Joseph Vas, husband of the testatrix, the second defendant is one of the executors of the Will, plaintiff. Defendants 3 and 4 are daughters of the testatrix and the 5th defendant is the testatrix's son. We will be referring to the parties in this appeal, as they were arrayed in the suit. The first defendant died pending the suit and Defendants 3 to 5 were recorded as his legal heirs. In this appeal filed by the plaintiff, (one of the daughters and a legatee under the Will) , the respondents are Defendants 3, 4 and 5 in the suit. The trial court by judgment dated 29/1/1974, held that the Will of Mrs. Primrose Mary Vas dated 19-6-1964 is perfectly valid and genuine, and ordered thus: "The suit is decreed. The plaintiff shall be granted Letters of Administration with a copy of the Will (Ex. P-l) annexed, subject to the following conditions viz. , (1 that she executes the necessary administration bond under Section 291 of the Indian Succession Act to the extent of the value of the bequest made to Defendants 3 and 4, (2 that she produces Estate Duty clearance certificate and (3 that she pays the necessary court 327 fee for drawing up the Letters of Administration. Defendants 3 and 4 will pay the costs of this to the plaintiff and bear their own costs. "in appeal, by Defendants 3 and 4, a division bench of the Karnataka High court, by judgment dated 11/7/1978, reversed the said judgment and held that the Will is shrouded in suspicion and the propounder (the plaintiff) has failed to satisfy "the judicial conscience, dispelling all the doubts that arise in this case, that the Will, Ex. P-l was legally and properly executed by Mrs. Vas with attestation by Mrs. Gadre and another. "
(2.) The plaintiff filed Special Leave Petition (Civil) No. 991 of 1979 and this court granted leave to appeal against the aforesaid judgment of the High court of Karnataka by order dated 13/12/1979, and hence this appeal.
(3.) In this appeal the main question that falls for consideration is, the legality and validity of the Will dated 19-6-1964 executed by the testatrix, late Mrs. Primrose Mary Vas.;