JUDGMENT :

1. The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff are as under:

“1. Whether the lower justified in reversing the Trial Court on the basis of will deed dated 17.04.2006 same executed by fraud.

2. Whether at the time of will deed dated 17.04.2006 Appellate Court judgment of the disbelieving the and treating the execution of the late Laxmin Bai was medically fit enough to execute the same.”

2. The additional substantial question of law ws formulated on 23.7.2021 as under:

“Whether the first appellate Court is justified in partly setting aside the judgment and decree of the trial Court in favour of the plaintiff holding that the decree for declaration of title is barred by the proviso to Section 34 of the Specific Relief Act, by recording a finding which is perverse to the record ?”

[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

3. Learned counsel appearing for the parties were noticed and they were heard on additional substantial question of law.

4. The plaintiff filed a suit for declaration of title and perma