( 1 ) IT is not necessary to recapitulate the facts in detail as mentioned in the plaint or averred in the written statement. The issue involved in these two applications is legal issue and only those facts which have bearing on this issue would be stated.

( 2 ) THE plaintiff has filed the suit for declaration and permanent injunction. The declaration is claimed, inter alia, to the effect that the plaintiff is the owner of the First Floor of property bearing No. 73, Poorvi Marg, Vasant Vihar, New delhi (hereinafter referred to as the suit property ) by virtue of the Mutual and Companion wills of the father of the plaintiff and the defendant herein firstly executed on 14/07/1983 and thereafter on 24/07/1986 and further that the defendant is not entitled to sell, transfer or alienate the suit property in any manner whatsoever.

( 3 ) THE father of the plaintiff and the defendant, who is the mother of the plaintiff, executed wills dated 14/07/1983. These are two separate wills which are described by the plaintiff as mutual and companion wills . These wills are duly registered by the Sub-Registrar, Asaf Ali Road, New Delhi. In both the wills it is stated that the defendant and the father of the plaintiff are the joint owners in equal share of the suit property. In the will of the father of the plaintiff, he bequeathed his 50 per cent interest in the suit property to the brother of the plaintiff Sh. Raman Dewan subject to right of residence in the Ground Floor of the said property in favour of the defendant herein and the right to add by construction and the Second Floor to the sister of the plaintiff Mrs. Ritu Dewan alias Ritu Upadhaya. As per the will of the defendant herein, she bequeathed the first Floor of the suit property to the plaintiff subject to a right of residence in the First Floor including servants quarters on the First Floor of the property in favour of her husband, i. e. the father of the plaintiff; and the Second Floor including the servants quarter on the Second Floor to the sister of the plaintiff, Mrs. Ritu Dewan.

( 4 ) ON 24/07/1986 both the parents of the plaintiff again executed two separate registered Mills with the Sub-Registrar, Asaf Ali Road, New Delhi. The thrust of these wills remain the same as that of the earlier two wills executed on 14/07/1983. The only difference is that vide will dated 14/07/1983 the father of the plaintiff had bequeathed the Ground floor of the property in favour of Mr. Raman dewan (brother of the plaintiff) and vide will dated 24/07/1986 the said Ground Floor was bequeathed in favour of the mother of the plaintiff-defendant herein and she was given a right to receive rent also in respect of that portion in the event of the death of the father of the plaintiff because the suit property was still with the tenant at that time. Thus in the later will executed by the father of the plaintiff more financial security is given to the defendant. In so far as the plaintiff and her sister are concerned, no change was made in respect of their rights in the wills dated 24/07/1986.

( 5 ) THE father of the plaintiff expired on 15/01/1993 leaving behind his widow-defendant herein as well as two daughters, namely, the plaintiff and mrs. Ritu Dewan and son Mr. Raman Dewan. There is no dispute that on the death of the plaintiff, the Will dated 24/07/1986 executed by him becomes operative and is to be given effect to. However, the case set up by the plaintiff in the instant suit is that since both the wills executed by the parents of the plaintiff were mutual and Companion wills, the will dated 24/07/1986 executed by the defendant also become effective on the death of the defendant s husband as both the wills being Mutual and Companion wills, the defendant cannot resile from the will executed by her, and therefore, cannot deprive of the suit property which falls in the share of the plaintiff by the will executed by the defendant. In these circumstances, the suit for declaration is file