JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. The second appeal has been filed by the appellant/plaintiff under Section 100 of the C.P.C. against judgment and decree dated 12.07.2010 passed by First Additional District Judge, Surajpur, District-Surguja (C.G.) in Civil Appeal No. 55A/2011 (Ramlal vs. Bulaki and Others) affirming the judgment and decree dated 12.07.2010 passed by Second Civil Judge Class-II, Surajpur, District-Surguja (C.G.) in Civil Suit No. 192A/2008.

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 192A/2008 which was filed for declaration of title and for grant of permanent injunction.

3. This second appeal has been admitted for hearing by this Court vide order dated 28.06.2021 on the following substantial question of law:

“Whether both the Courts below were justified in holding that plaintiff has failed to prove Will (Ex.P/1) dated 14.04.1973, executed by Jholi by recording a finding which is perverse to the record?”

4. The brief facts, as reflected from the plaint averment, are that the plaintiff has filed a civil suit for declaration of title and permanent injunction of suit property mentioned at Schedule-A of the p