JUDGMENT :

1. This second appeal preferred by the appellant/plaintiff was admitted for hearing on 25/09/2013 by formulating the following three substantial questions of law :

“1. Whether in the absence of any challenge to the registered Will Deed dated 12.9.01, within three years as per Section 19 of Contract Act, the same having become final, could it now be challenged. Whether the finding of the Lower Appellate Court is perverse on this ground ?

2. Whether the property purchased by deceased Balram Dubey is from his professional income. Therefore can anybody question the disposal of the said property by will ?

3. Whether the finding of the Lower Appellate Court reversing the judgment and decree of the trial Court is perverse ?”

[The parties will hereinafter be referred to as per their status given and ranking shown in the plaint before the trial Court.]

2. The sole plaintiff/appellant herein filed a suit for declaration of title and permanent injunction stating inter alia that though the suit property was purchased by her husband Balram Dubey from defendant No. 2 Society by registered sale deed dated (Ex. P/1) in the name of his son born out of his wedlock with his first wife Foolbadan