( 1 ) THE plaintiffs filed this suit for declaration, mandatory injunction and prohibitory injunction on the allegations that the plaintiffs and the defendant are the successors in interest of late Dr. Amolak Ram Mehta; Dr. Amolak Ram Mehta owned a double storied house with a barsati floor and out-house on plot No. C-1, Nizamuddin East, New Delhi; he executed a Will dated 23rd December, 1981 appointing plaintiff No. 1 as the executor of the Will; in terms of the Will, the property was to devolve on Smt. Shanti Mehta, the wife of the deceased, for her life and after her death to her children, i. e. plaintiffs 2 to 6 and defendant in equal shares; plaintiff No. 1 was excluded from the Will as per the wishes of the said plaintiff. On 21st November, 1985 Dr. Amolak Ram Mehta executed a Codicil partially modifying the terms of the Will declaring that the defendant shall have a right to stay with his family on the first floor of the house for a period of 15 years from the date of the Codicil. Dr. Amolak Ram Mehta died on 26th July, 1986 and Smt. Shanti Mehta died on 13th May, 1990.

( 2 ) IT is alleged in the plaint that with a view to maintain cordial relations and to avoid