( 1 ) ONE Smt. Raj Chawla Sahni made a Will dated 13th May, 1984. She died on 5th June,1984. The Will is with respect to various assets of Smt. Sahni. One of the assets subject matter of the Will is property No. N-258, Greater Kailash, Part-1, New Delhi. The property is constructed on a freehold plot of land measuring 880 sq. yards.

( 2 ) THE building consists of a two and half storey. structure. The present suit concerns only the ground floor of the said property. The plaintiff and defendant No. 2 in the suit are the brothers of Mrs. Sahni while defendant No. l is her sister. Under the Will the ground floor has been completely and exclusively bequeathed in favour of defendant No. l. The upper half of the house has been bequeathed in favour of a brother of the deceased. Probate proceedings with respect to the said Will are pending in this Court. There is controversy between the plaintiff and defendant No. 2 regarding the bequest of the upper portion of the property under the said Will. The basis of. the controversy is that while Mr. N. P. S. Chawla is a Doctor and resides in New Delhi, he has been referred to as Mr. N. P. S. Chawla residing at New York. The plaintiff