JUDGMENT

Sanjay K. Agrawal, J. - This second appeal by the defendants was admitted on the following substantial questions of law:-

"(i) Whether the lower appellate Court erred in law in holding that the will dated 22.8.1977 (Ex.P-1) was proved in accordance with law?

(ii) Whether the plaintiff becomes the owner of the suit property to the extent of 1/2 share in it on the strength of will deed?"

(Parties hereinafter will be referred as per their status shown in the plaint before the trial Court.)

2. The suit property was originally held by Firtu who died on 24-12-1977. He died issue-less. He was said to have executed Will in favour of plaintiff Radha Bai on 22-8-1977 (Ex.P-1). Plaintiff Radha Bai is daughter of Kunwar Singh who was brother of Firtu. Kunwar Singh was defendant No.1 in the plaint, but later-on, on account of his death, he was substituted by his son Hemram and thus, the present defendant No.1 is son of Kunwar Singh and other defendants No.2,3 and 4 are sons of Hemram defendant No.1. After death of Firtu, the defendants got their names mutated in the revenue records leading to filing of suit for declaration of title, possession and permanent injunction in which the de