Rajiv Sahai Endlaw, J.—

1. This first appeal under Section 96 of the CPC impugns the judgment and decree dated 14th December, 2007 of the Court of Addl. District Judge, Delhi dismissing Suit No.119/2006 filed by the appellant/plaintiff. Notice of the appeal was issued and vide ex parte order dated 5th February, 2008 status quo was directed to be maintained. Vide subsequent order dated 7th May, 2008 the appeal was admitted and Trial Court record requisitioned and the interim order made absolute during the pendency of the appeal. On application of the respondents that they are senior citizens, hearing was expedited. The counsels have been heard.

2. The suit from which this appeal arises was filed by the appellant/plaintiff pleading:-

(i). that Smt. Shanti Devi Khullar being the paternal grandmother of the appellant/plaintiff and mother of the respondents no.1&2 Ms. Swaran Kanta Juneja and Ms. Vijay Lakshmi was the owner of immovable property No.D-11/1, Model Town, Delhi admeasuring 250 sq. yds.;

(ii). that the said Smt. Shanti Devi Khullar vide Will dated 20th February, 1991 bequeathed the said Model Town property in favour of the appellant/plaintiff subject to the rider that respondent no.2 Ms. Vijay Lakshmi who was/is unmarried, if chooses to marry, her marriage expenses shall be borne by the appellant/plaintiff and if she remains unmarried, she would be maintained by the appellant/plaintiff;

(iii). that the respondent no.2 remained unmarried;

(iv). that Smt. Shanti Devi Khullar died in the year 1996 and under her Will aforesaid the appellant/plaintiff became the owner of the said Model Town property;

(v). that the respondent no.1 though married, was deserted by her husband within three months of her marriage and had been residing with the mother Smt. Shanti Devi Khullar in the Model Town Property along with her son respondent no.3 Shri Rajesh Juneja and under the Will aforesaid, the appellant/plaintiff was to also provide for lodging and boarding of respondent No.1;

(vi). that upon the marriage of the respondent no.3 Shri Rajesh Juneja with the respondent no.4 Ms. Simmi Juneja, disputes and differences arose and which forced the appellant/plaintiff to sell the Model Town property on 13th July, 1998 for a sale consideration of Rs.10,50,000/-;

(vii). that from the consideration received from the sale of the Model Town property, another property No.A-39, Derawal Nagar, Delhi was purchased, with the Sale Deed of the ground floor thereof being in favour of respondent no.2 Ms. Vijay Lakshmi, the Sale Deed of the first floor and roof rights of the said property being in favour of the appellant/plaintiff and the Sale Deed of the second floor of the said property being in the names of respondents no.1,3&4;

(viii). that since the appellant/plaintiff was the sole and absolute owner of the Model Town property with the respondents no.1&2 only having rights of lodging and boarding therein during their lifetime, the Derawal Nagar property also belonged to the appellant/plaintiff only with the respondents no.1&2 only having right of residence therein during their lifetime;

(ix). that the parties however could not live harmoniously in the Derawal Nagar property also and which was sold in the year 2002 and from the said sale proceeds thereof, with an intent to make separate dwelling units for the sake of peace, second floor of property No.1226 Dr. Mukharjee Nagar, Delhi was purchased in the name of the respondents no.1,3&4, the ground floor of property No.C-176, Prashant Vihar, Delhi was purchased in the name of the respondent no.2 and the second floor of the property No.C-176, Prashant Vihar, Delhi was purchased in the name of the appellant/plaintiff;

(x). that since the Dr. Mukharjee Nagar property and the ground floor of the Prashant Vihar property were bought out of funds received originally from the sale of Model Town property of which the appellant/plaintiff was the sole owner, the appellant/plaintiff continued to be the owner of the said two proper

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