( 1 ) BY this order I propose to decide preliminary issues raised in the written statement by defendant about maintainability of the suit.

( 2 ) A Probate Petition (later converted into civil suit) was filed by the plaintiff under Section 276 read with Section 278 of The Indian succession Act for grant of probate to the Will of late Smt. Damodar Dev.

( 3 ) PLAINTIFF pleaded that Smt. Damodar Devi had executed a registered Will on 24. 11. 1969 vide registration no. 555 in Additional Book No. 3. Vol. 23 pages 99-100. Smt. Damodar Devi died on 6th August, 1971. As per her aforesaid Will she bequeathed property no. 17 A/34 W. E. A. Karol Bagh, New delhi unto defendants no. 2 and 3 jointly and a plot of land no. 3, Siri Fort road, Masjid Moth, New Delhi unto the plaintiff exclusively.

( 4 ) PLAINTIFF submitted that deceased/testator was alloted plot of land no. 26 situated in Sunlight Estate opposite Vinay Nagar, New Delh. This plot of land was acquired by the Union of India during lifetime of the deceased. In lieu of acquisition of this plot, an alternative plot no. 3 Siri Fort Road, masjid Moth, New Delhi was alloted to the deceased. The deceased had executed one Will on 27. 10. 19

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