MANMOHAN SINGH, J.

1. The present suit pertains to the estate of late Mr. Bakshi Shiv Charan Singh, Advocate who died on 14.1.1993. He left a Will dated 09.01.1974 which was witnessed by Justice Prakash Narain, a sitting Judge of the Delhi High Court at the relevant time and Justice M.S. Joshi, who, at that time was the Registrar General of Delhi High Court and became a Judge thereafter.

2. The probate proceedings of the Will were instituted in 1996 by which time Justice Prakash Narain had passed away, however, the other witness Justice M.S. Joshi was examined as a witness in the probate proceedings. Justice Joshi, in his examination, testified that the Will was witnessed by him and Justice Prakash Narain and the testator, Mr. Bakshi Shiv Charan Singh had signed on the Will in the presence of both of them.

3. In the said Will dated 09.01.1974, Mr. Bakshi Shiv Charan Singh bequeathed his property Nos.22 and 23, Friends Colony (West) and property No.7A Ring Road in favour of his elder son, Colonel Ravi Inder Singh.

4. In the Will dated 09.01.1974 the testator bequeathed a sum of Rs.10,000/- to his daughter, Mrs. Iqbal Oberoi, mother of the plaintiff. The copy of the said Will is available on record in the present suit.

5. Later on, Mr. Bakshi Shiv Charan Singh executed another Will on 24.03.1985 which was almost on same lines as the earlier Will dated 09.01.1974. In the second Will, properties No.22 and 23, Friends Colony (West) which are mentioned as item Nos.(ii) and (iii) in paragraph 4 of the plaint were bequeathed to Col. Ravi Inder Singh. The said Will dated 24.03.1985 was deposited by the testator with the Registrar in a sealed cover, as was the earlier one also. After his death all the legal heirs applied to the Registrar to open the envelopes and as such on 06.05.1994 the Registrar opened the envelopes and found both registered Wills i.e. Will dated 09.01.1974 and Will dated 24.03.1985.

6. By Will dated 24.03.1985 Mr. Bakshi Shiv Charan Singh bequeathed an amount of Rs.2 lac each to his three daughters, including Mrs. Iqbal Oberoi. Col. Ravi Inder Singh being the executor of both the Wills filed a probate petition being No.397/1996. The legal heirs of the deceased filed their objections to the probate. However, during the pendency of the proceedings Col. Ravi Inder Singh died on 10.12.2004 and after his death his son Mr. Avininder Singh Puri filed an amended probate petition being No.54/2005.

7. In the year 1987, the Memorandum of Family Settlement was executed between the plaintiff on the one side and his father, mother and brother on the other side which mentions that henceforth, the plaintiff will not have any right or interest in any of the properties or estate of his father or mother. Paragraphs 4 and 20 of the said Memorandum of Family Settlement read as under :

“4. That on both „Group A? and „Group B? complying with the requirements of this settlement, neither group shall have any claim, right or interest, unless specifically stated to the contrary elsewhere in this deed, on the assets, property and business of the other and for purposes of this clause, „Group A? is deemed to include the children of P. Oberoi of „Group A? and similarly, „Group B? is deemed to include the children of „Group B?.

20. In view of the fact that on this settlement being made each party hereto shall become the exclusive owner of the properties and assets under dispute as allocated to them in terms of this deed, Mr. P. Oberoi, Mr. R.S. Oberoi and Mrs. I. Oberoi of „Group A? desire that „Group B? should not have any claim thereon other than and to the extent on such assets including B406 NFC on which „Group B? has acquired any interest whatsoever in terms of this agreement and in order not to enter into any further litigation at a later date, in accordance with the desire of Mr. K.S. Oberoi, Mr. P. Oberoi and Mrs. Oberoi, „Group B? agrees (and for purpose of this clause, „Group B? is deemed to include his spouse