Hon’ble Siddharth, J.—Heard Sri Pankaj Saxena, learned counsel for the appellant and Sri Shashi Nandan, learned Senor Advocate, assisted by Sri B.R.J. Pandey, Advocate, learned counsels for the respondents.

2. This Second Appeal is directed against the Judgment and Decree dated 8.1.1986, passed by Civil Judge, Jhansi in Original Suit No. 51 of 1980 partly decreeing the suit of the plaintiff for declaration that he is owner of H.No. 831, 831/A on the basis of Will dated 24.11.1972 and dismissing his suit for declaration over H.No. 693/32 (1504) and the Judgment and Decree dated 3.12.1992, passed by District Judge, Jhansi, in Civil Apeal No. 72/1991, dismissing the appeal of the defendants with costs by allowing cross objection of the plaintiff and decreeing the suit in respect of H.No. 693/32 (New No. 1504) too thereby decreeing the suit of the plaintiff in its entirety with costs throughout.

3. The plaintiff instituted the Original Suit No. 51/1980, praying for decree of declaration that he is exclusive owner of H.No. 831, 831/A, Chaman Ganj, Sipri Bazar, Jhansi and H.No. 693/32 (New No. 1504), Civil Lines, Jhansi on the basis of Will dated 24.11.1972.

4. The brief facts of the plaint are that plaintiff and defendant Nos. 1 to 7 are the sons and daughters of late Sri Ram Singh Tandon; that Sri Ram Singh Tandon retired from the post of Office Superintendent in 1962 and he constructed the H.No. 831, 831/A, Chaman Ganj, Sipri Bazar, Jhansi and H.No. 693/32, Civil Lines, Jhansi from his own earnings and are his self acquired properties; that Sri Ram Singh Tandon also purchased H.No. 742, Chamanganj, Sipri Bazar, Jhansi in the name of defendant No. 1; that in the record of defendant No. 9, Cooperative Housing Society, he mentioned name of defendant No. 1 as a nominee but later the aforesaid nomination was changed on 10.8.1963; that Sri Ram Singh Tandon executed the Will dated 24.11.1972, whereby he made the plaintiff owner of all his moveable and immoveable properties; that Sri Ram Singh Tandon died on 1.10.1976 at Katni at residence of his daughter and his last rites were performed by plaintiff; that thereafter on 30.10.1976 the locker which was in the name of plaintiff and his father in Central Bank of India was opened before Sri B.K.Shukla, Sri Gopal Singh Tandon and Sri S.S. Sirohi and Will of his father and some jwellery was also found therein, which is in his possession; that defendant No. 1 started challenging the right of the plaintiff over H.No. 693/32 and therefore, he has to institute the Suit.

5. The defendant No. 1, Sri Ranjeet Singh Tandon filed his written statement but no other defendant filed their written statement; that defendant No. 1 admitted the Shajra given in the plaint and has admitted that his father retired in 1962, but he has denied that on 10.8.1962 his nomination regarding H.No. 693/32 was changed; that he admitted that his father died on 1.10.1976 at Katni; that Suit of the plaintiff is barred by Section-57 and 213 of Indian Succession Act, Section-17 of Registration Act, Section 22 and 25 of the Cooperative Societies Act, barred by time and Section-24 of Specific Reliefs Act; that deceased Sri Ram Singh Tandon never had any right to execute any Will since his grand father Baba Laxman Das was a very rich person and he left behind lots of money; that after his death his grand mother purchased H.No. 31, Raiganj, Sipri Bazar, Jhansi and H.No. 831/831-A, Chaman Ganj Jhansi and H.No. 742 was purchased by the defendant No. 1 from his own earnings and he is its exclusive owner; that in the locker of Central Bank of India which was in the name of his father and the plaintiff, there was jewelery worth about Rs. 25,000/-; that this locker was opened in 1972-1973 by his father and he told him that in case the plaintiff marries within one year of his death then he will get half of the jewellery but he did not do so; that the disputed Will is forged and fabricated and his father never executed any Will; th