JUDGMENT (C.A.V.)

This second appeal has been filed by the appellants/defendants under Section 100 of the C.P.C. against judgment and decree dated 20.09.2007 passed by District Judge, Korea (Baikunthpur) (C.G.) in Civil Appeal No. 07A/2006 (Old Case No. 08A/2005) (Sattar Ali Vs. Jasimuddin & others) setting aside the judgment and decree dated 29.03.2005 passed by Civil Judge Class-II, Baikunthpur, District-Korea (C.G.) in Civil Suit No. 13A/2002 for declaration and possession of the suit property i.e. agricultural land bearing Khasra No. 685, 782 & 920 area admeasuring 0.25, 0.10 & 0.65 R.A. respectively situated at Village-Targawan, Patwari Halka No. 24, Revenue Circle- Patana, District-Baikunthpur (C.G.)

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 13A/2002 which was filed for declaration and possession of the suit property.

3. The instant Second Appeal is admitted for hearing by this Court vide its order dated 11.08.2010 on following substantial questions of law:—

1. Whether the Will Ex. P-2 is proved in accordance with law, more particularly, law relating to Hiba under the Mohammedan Law ?

2. Whether the Will Ex. P-