The Testator's Will, upon holistic interpretation, grants a limited life interest to the wife rather than an absolute estate, reinforcing the principle that intent must govern testamentary provisions.

JUDGMENT :

ANIL KSHETARPAL, J.

1. By way of the present Appeal filed under Section 96 of the Code of Civil Procedure, 1908 read with Section 10 of the DELHI HIGH COURT ACT , 1966, the Appellants[Plaintiffs before the learned Single Judge] are assailing the judgment and decree dated 26.09.2022 passed by the learned Single Judge in CS (O.S.) No. 2664/2014 titled as Shakuntla & Anr. v. Rajinder Singh Deswal [Hereinafter referred to as "the Civil Suit"]. The sole issue for consideration before this Court is with respect to the interpretation of the various clauses of the registeredWill executed on 24.02.1993 by late Mr. Mam Chand Deswal [Hereinafter referred to as "Testator"]. The execution of the registered Will by the Testator is not in dispute, which reads as under:

“This is the Last Will and Testament made at Delhi this 24^th day of Feb. 1993 by me-Mam Chand Deswal Son of Late Shri Hira Lal Deswal aged about (not legible) resident of House No. 8, North West Avenue Road, Punjabi Bagh Extension, New Delhi-110025 while being in possession of full senses, good health and sound disposing mind.

1. Whereas, I, the Testator, above named MAM CHAND DESWAL hereby revoked my previous will registered at S. no. 15291 in Additional Book No. 3 Vol. No. 893 Pages 166-168 dated 10/10/90 in the office of Sub Registrar, Kashmeri-Gate Delhi and execute this LAST & FINAL WILL of mine without any duress, pressure, threat, coercions or temptation.

2. Life is short and uncertain but to obviate any dispute between my surviving heirs it is expedient that I should make the will of my Estate. 3. I have got my living wife Mrs. NANKI DEVI, one married son, named Shri Rajinder Singh Deswal, two married daughters namely Mrs. Shakuntla W/o Shri Bhupender Pal and Mrs. Krishna Prakash w/o Shri Brahm Prakash.

4. I, therefore of my own free-will and desire, declare, devise and bequeath that during my life time I shall continue to remain absolute owner in possession of all my estate, moveable and immoveable properties which at present I possess and which I will acquire till my death and after my death the same will be inherited by my wife, Mrs. Nanki Devi and will stand absolute and exclusive properties of my wife.

5. I have bank accounts (saving and fixed deposits), joint accounts with my wife Mrs. Nanki Devi in Punjab National Bank, State Bank of India, and Union Bank of India, Punjabi bagh, New Delhi-110026. I have got a locker in my and my wife‟s name in Union Bank of India, Punjabi Bagh, New Delhi-110026 and some important documents are lying in the lockers. After my death the same will become the property of my wife Mrs. Nanki Devi only and none of my either legal heirs shall have any right and interest with it.

6. I own one double storey House No. 8, North West Avenue Road, Punjabi Bagh Extension, New Delhi-110026 on a plot of 300 Sq. yards which was constructed from my own earning of my life time. One storey of this house has been given on rent from which my monthly expenses are met as my pension is insufficient to meet the expenses. The month expenses of the house also includes, yearly House Tax, white washing and maintenance of the building etc. etc.

7. After the death of wife Mrs. Nanki Devi, my son named Rajinder Singh Deswal will inherit all my estate and property moveable and immoveable.

8. Both of my daughters are well settled in their respective families and enjoying happy life. My elder daughter (Mrs. Shakun