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

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