The plaintiff Sri Jalaluddin son of Badruddin filed this testamentary case on 18-9-1997 for grant of probate with a copy of Will annexed thereto executed by the deceased Begum Shanti Tufail Ahamad Khan wife of late Tufail Ahmad Khan, resident of 18-B Maharani Bagh, New Delhi, who died on 9-10- 1976 leaving behind her alleged Will and Testament dated 23-5-1974 (wrongly mentioned in para 6, 7 and 10 as 23-5-1994 ). In para 11 of the plaint, it is alleged that she had handed over the Will to one Sri Yusuf Ali Khan son of Sri Kamaluddin Khan resident of 60 Jufarabad, Delhi who is also an attesting witness to the Will with instructions to hand it over to the applicant. The said Sri Yusuf Ali Khan in pursuant to instruction handed over the Will to the applicant on 15-7-1997 (after 23 years ).

2. In the Will (Paper No. A-3/16) the deceased claimed to be 60 years old and owner of properties in many cities of India, which she got from her husband, more particularly in Delhi, U. P. , Madhya Pradesh and Haryana including Plot No. 43 and 44 on Returned Road on which House No. 18-B Maharani Bagh New Delhi is built; Shanti Kunj and Dileram Estate in Mussorrie in U. P. , Tasvir