1. This is a suit for declaration. The plaintiffs and defendants are brothers. Property No. B-4/196, Safdarjung Enclave, New Delhi was owned by late Smt. Shakuntala Devi Mathur, mother of the parties. She expired on 05th November, 1998, leaving a Will dated 17th September, 1981, which was registered on the same date. The property was bequeathed by the Testator in the following terms:-

“(1) On the ground floor of the house situated at B-4/196, Safdarjung Enclave, New Delhi, I am in occupation of a drawing room measuring 13’-10½” into 11’-10” and one dining room measuring 13’-10½” into 10’-0”, one toilet measuring 8’-C” into 4’-8”, one kitchen measuring 8’-C” into 7’-0”. The same is bequeathed to my son Shri Harish Chand Mathur. In addition to the above one bedroom measuring 13’-10½” into 11’-10” with attached toilet measuring 6’-5” into 6’-4½” presently under the tenancy of one Shri Sohan Minz is also bequeathed to the said Shri Harish Chand Mathur. The entire open space including Canopy, verandah, etc. on the front side and half portion of the open space on the back side to the property is bequeathed to the said Shri Harish Chand Mathur. The entire portion thus bequeathed