Jayant Nath, J.

1. The plaintiffs have filed the present suit for declaration, mandatory and permanent injunction. Plaintiff No. 1 is the son of plaintiff No. 2. Defendant No. 1 is the daughter of plaintiff No. 2 and the sister of plaintiff No. 1. Defendant No. 2 is the husband of defendant No. 1. Defendant No. 3 is a tenant stated to have been illegally inducted on the second and third floor of the suit property by defendant No. 1.

2. The property which is the subject matter of the present proceedings is property bearing No. D-246, Defence Colony, New Delhi. As per the plaintiffs, the suit property was the self acquired property of late Col. (Retd). B. R.Dewan who was the father of plaintiff No. 1 and defendant No. 1 and husband of plaintiff No. 2. Late Col. (Retd). B. R.Dewan is stated to have executed various Wills on different dates. His last Testamentary Will is dated 24.06.1984. He died on 16.09.1984. A probate case No. 16/1986 was filed before this Court by plaintiff No. 2, his wife. On 12.10.1987, this Court granted probate of the said Will dated 24.06.1984.

3. As per the Will dated 24.06.1984, the ground floor was willed to plaintiff No. 1 while the first floor