Rajiv Sahai Endlaw, J.:—

IA No.18813/2012 (of the plaintiffs under Order 12 Rule 6 of the CPC).

1. The plaintiffs in this suit, (i) for recovery of possession of property No.6, Kautilya Marg, Chanakyapuri, New Delhi – 110 021; (ii) for permanent injunction; and, (iii) for mesne profits, seek judgment qua the relief of possession on admission. The senior counsel for the plaintiffs and the counsel for the defendants have been heard.

2. The case of the plaintiffs is:-

(a). that Smt. Bhagwati Talwar, mother of the plaintiffs, was the owner of the said property; (b). the said Smt. Bhagwati Talwar died on 29th November, 2006 leaving last Will and testament dated 3rd January, 1995, whereunder she bequeathed the said property to her two sons, the plaintiffs herein and to her daughter Smt. Neena Sarin in equal proportion, subject however to the condition that in the event of Smt. Neena Sarin predeceasing her, the property shall go to the plaintiffs in equal shares; (c). Smt. Neena Sarin predeceased her mother Smt. Bhagwati Talwar and died on 16th May, 2003; (d) probate of the aforesaid Will of Smt. Bhagwati Talwar has been granted by the High Court of Calcutta vide order dated 10th Ja