JASWANT SINGH Vs. KUSUM LATA DEVI

JUDGEMENT

(1.) HEARD Sri S.K. Mehrotra, learned Counsel for the revisionists and Sri R.N. Tilhari, Counsel for the respondent.

(2.) AGGRIEVED by the judgment and order dated 15.10.1990 passed by the District Judge, Hardoi in S.C.C. Appeal No. 70 of 1989, the revisionists have preferred this revision under Section 388 (3) of Indian Succession Act, 1925 read with Section 141 and Section 115 of the Code of Civil Procedure.

(3.) ACCORDINGLY, the appellate Court, vide order dated 15.10.1990, allowed the appeal, set-aside the judgment and order dated 17.10.1989 and a direction was issued to issue a succession certificate in the name of respondent-Smt. Kusum Lata Devi. Feeling aggrieved, the revisionists have preferred the instant revision inter alia on the grounds that the appellate Court acted in exercise of its jurisdiction illegally and with material irregularity in placing reliance on the alleged entry of the Kutumb Register, as the same being not in consonance with the oral evidence, with the genealogy of the deceased and therefore, it was inadmissible in evidence. Apart from the above, the Court below illegally placed the burden of proof on the revisionists and decided the case of surmises and conjuntures.