( 1 ) BY this suit the plaintiff claim a decfee against Smt. Krishna Devi Mehta, sole defendant for the return of gold ornaments or in the alternative for the recovery of Rs. 5 lakhs (the market value of the property ). The plaint proceeds on the following allegations : -.

( 2 ) THAT the plaintiff is the son of late Shri Ramji Lal Mehta. Shri Ramji Lal Mehta, after his death, besides immovable properties left behind the movable properties detailed in Annexure a . That on 8-1-1984 Shri Ramji Lal Mehta made his last will wherein it was provoded as under :-

"i will and devise that after my demise my properties immovable and movable and real and incorporal vest in my son Mr. P. C. Mehta". According to the plaintiff there is a reference of the gold ornaments bequeathed to the plaintiff also in the will dated 3-12-1984 of late Smt. Tuisi Devi Mehta wife of Shri Ramji Lal Mehta, wherein it is stated as under :-

OUR 200 tolas of gold ornaments are lying in trust with sister Smt. Krishna Devi Mehta (defendant ). These be taken back by you (plaintiff, P. O. Mehta)". It is stated that the plaintiff had approached the defendant social times after the dealh of his parents namely-Ramj