This second appeal was admitted by this Court on 26.11.2021 by formulating the following substantial questions of law:-

(i) When there are two Wills, namely, Ex.X1 in favour of the second plaintiff, Ex.B1 in favour of the first defendant, the finding of the First Appellate Court that Ex.X1 is the last Will, when actually Ex.B1 is the last Will, is on the basis of proper appreciation of evidence?(ii) Whether omission to mention in Ex.B1 Will about Ex.X1 Will would create suspicion in the genuineness of Ex.B1 Will? (iii) Whether the Lower Appellate Court is right in law in holding that the first defendant has not let in evidence to dispute the suspicion surrounding the Ex.B1 Will?

2. In the suit, the appellant herein is the first defendant and the respondents 1 and 2 herein are the plaintiffs. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

3. The suit was filed by the plaintiffs for partition and separate possession claiming 3/4th share in the suit properties and also for the relief of permanent injunction and mandatory injunction and for rendition of accounts relating to the rents realized by the first defendant on and from