HEMANT GUPTA, J. - (1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby his suit for possession of land measuring 49 kanals 18 marlas was dismissed.
(2.) THE dispute in the suit relates to estate of one Sardhi Devi who died on 19.1.1982. The plaintiff claimed her estate on the basis of registered Will in his favour dated 12.4.1971, whereas, the defendants claim the estate of the deceased on the basis of Will dated 23.12.1980, executed by her in their favour revoking the earlier Will. Earlier, the appeal was allowed by this Court on 18.7.2000, but the said judgment has been set aside by the Hon'ble Supreme Court of India on 5.10.2005 as substantial questions of law were not framed while deciding the aforesaid appeal.
(3.) AFTER hearing learned counsel for the parties, it was found that the following substantial questions of law arise for consideration of this Court:- "Whether the unregistered Will dated 23.12.1980, recorded in the proceedings book of the Gram Panchayat and attested by Panches and other persons, is proved to be executed and that such Will is not surrounded by suspicious circumstances ?" ;