JUDGMENT :

1. The present Suit seeks Probate of a Will dated 1st February 2001 (“the said Will”) said to be last Will and Testament of one Sushiladevi T. Parsani (“the Testatrix”).

2. The relevant facts are as follows: -

(i) The Testatrix and her husband one Teunram Parsani (“Teunram”) had seven children namely, Janki Suresh Bhandoola-(“the Plaintiff”), Ramesh T. Parsani (“the Defendant”), Krishna Raj Nath, Suresh Teunram, Ram Teunram Parsani, Pooja Vashu Changlani and Sunil Teunram Parsani.

(ii) The Testatrix upto the year 1984 was residing with Teunram and the Defendant in a flat in a building known as “Broacha House”.

(iii) In the year 1984 the Testatrix left the house in which she was residing with Teunram and the Defendant and went to reside in Indore where she stayed in a Temple-cum-Home said to be built by Tenuram.

(iv) On 24th August 1994, Teunram is said to have executed a Will inter alia bequeathing all the shares held by him in the joint names of the Defendant and the Testatrix, as also the right to reside in the Broacha House flat to the Defendant. The will also is stated to have appointed the Defendant as Executor and provided that the Defendant had the right to reside in th