JUDGMENT

DESAI, J. : — One Chaudhary Prasad Gupta died leaving behind him his wife Ram Dulari, two sons, Kaloo Lal and Narendra Lal and one daughter Smt. Kamla Devi. Kaloo Lal died in 1957 leaving behind him appellant. No. 1 Rukmani Devi and his sons and daughters who are the co-appellants appellants. Ram Dulari had filed a suit for partition and separate possession of her share in the property against Kaloo Lal in his lifetime which ended in a consent decree. Ram Dulari died on March 6, 1970 at Mesra where she was staying with the respondent Narendra Lal for over 20 years Before her death, Ram Dulari made last will and testament of her properties on February 7, 1970 bequeathing the same to her son respondent Narendra Lal. The respondent on the strength of the will proceeded to execute the consent decree. Under the decree, amongst other things, he was entitled to recover Rs. 40,000/- from the present appellants as well as partition and possession of land at Katni. The appellants challenged the validity of the will of late Smt. Ram Dulari and further contended that unless the will is probated, the respondent was not entitled to execute the decree. The executing Court upheld the cont