SUNIL KUMAR SINHA,J. - (1.)This is the Plaintiff's second appeal filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 11.3.1996 passed by the Additional Judge to the Court of District Judge, Bilaspur, Sakti, in Civil Appeal No. 26-A/94 arising out of judgment and decree dated 20.10.1994 passed in Civil Suit No. 19-A/88 by the Civil Judge, Class-H, Sakti, District-Bilaspur (CG). The Plaintiff lost in both the Courts.
(2.)This appeal was admitted for hearing on 31.7.1996 on the following substantial questions of law:
1. Whether on the facts and in the circumstances of the case the courts below were justified in holding that Subhadrabai would succeed to the property of her father-in-law ? (as corrected by order dated 17.8.2006) 2. Whether on the facts and in the circumstances of the case Tarabai widow of Niranjan Prasad would acquire limited rights under Hindu Women's Rights to the Property Act, 1937 when admittedly Niranjan Prasad died in 1945 and the Act was made applicable in the erstwhile State in the year 1949?

(3.)Whether on the facts and in the circumstances of the case the execution and attestation of the will is proved by legal evidence and whether the findings recorded by the courts below that the will is genuine is perverse and contrary to record and is liable to be interfered with in this second appeal ? 3. The brief facts are that the suit lands described in Schedule-A and Schedule-B of the plaint were the properties belonging to one Kunj Ram. The pedigree described in the plaint is as follows:
Kunj Ram (dead) S/1 Niranjan Prasad (dead 1945) S/2 Paras Ram Tara Bai (widow) (dead 1961) Omkar Prasad (Plaintiff) Narendra Prasad (son) (dead 1940) Subhadra Bai (widow) (dead 1987) As shown in the pedigree, Kunj Ram was having two sons namely Niranjan Prasad and Paras Ram. Niranjan Prasad died in the year 1945. TaraBai, his widow died - in the year 1961. Narendra Prasad was the pre-deceased son of the Niranjan Prasad, who died in the year 1940. Subhadra Bai, who was the widow of predeceased son, Narendra Prasad, died in the year 1987. The plaint allegations are that after the death of Niranjan Prasad, the suit lands including the suit house was succeeded by his brother Paras Ram excluding the rights and interest of Tara Bai and Subhadra Bai, as according to Wajib-ul arz of Sakti State, the widows of the deceased ryot were having no right or interest in the properties of their husband. It is also alleged that since these widows were not in possession of the suit properties, and the properties were in exclusive physical possession of the Plaintiff, therefore, after merger of the Sakti State in the year 1948, the Plaintiff alone became the owner of the property. The cause of action arose when Defendant No. 1 claimed his right and ownership in the suit properties on the basis of a will-deed dated 13.01.1987 (Ex-D/17) said to have been executed by SubhadraBai in his favour. The Plaintiff filed suit for declaration of title and permanent injunction in relation to the properties described in Schedule-A and Schedule-B of the plaint.