S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against a judgment and order dated 4. 4. 2006 passed by a learned Single Judge of the High Court of Judicature of Madhya pradesh, Gwalior Bench, Gwalior in Second Appeal No. 356 of 2001 whereby and whereunder an appeal preferred by the respondent from the judgment and decree dated 2. 7. 2001 passed by the 9th Additional District judge, Gwalior in Civil Appeal No. 86a of 1999 affirming the judgment and decree dated 1. 11. 1999 passed by the XIth Civil Judge Class II, Gwalior in civil Suit No. 203a of 1996 dismissing civil suit filed by appellant/respondent, was allowed.

( 3 ) CONTROVERSY involved in this appeal centres around the construction of a Will executed by one Shri Bishan Sahai Vidyarthi on 21. 11. 1965. The said Bishan Singh Sahai died in or about 1973.

( 4 ) INDISPUTABLY, within a month from the date of the execution of the said Will, an immoveable property was purchased for a sum of Rs. 32,000/-, inter alia, from the amount set apart for the benefit of the appellant and his mother.

( 5 ) BISHAN Sahai Vidyarthi had five sons, namely, Rameshwar Sahai, rajeshwar Sahai, Harbansh Sahai, Raghuvansh Sahai and Kri