S.N.Pathak, J.

1. These two Miscellaneous appeals are directed against the orders dated 18th September, 1997 passed by the Additional District Judge, XI, Patna, in Succession Certificate Case Nos. 66 of 1993 & 138 of 1995. The opposite party of that case, namely, Bimla Devi is the appellant before this Court.

2. The relevant facts of the case are that there was one Mahendra Narayan Sharma @ Mahendra Narayan Tripathi who died issueless leaving behind his wife Briji Kishori Devi who was living in Flat No. B-29, Peoples Co-operative Colony, Kankarbagh, Patna 20. On her death, one Birendra Kumar Tripathi filed the aforesaid succession case claiming herself to be the sole heir of Brij Kishori Devi, as her Dewar, (the full brother of her husband). This succession case was contested by the appellant and she also claimed to be the sole heir of Brij Kishori Devi, as the full sister of the deceased husband Mahendra Narayan Tripathi. Besides filing objection in the succession case filed by Virendra Kumar Tripathi, Nirmala Devi filed a separate succession case of her own (Succession Case No. 138/95). Both the cases were heard analogous and a common judgment was passed and a succession certificate was granted to Virendra Kumar Tripathi and claim of Nirmala Devi was rejected.

3. Before I proceed to examine the judgments of the lower Court, I shall refer to the admitted facts of the case of both the parties. There was one Ram Briksha Sharma who admittedly had his sons Mahendra Narayan Tripathi, Birendra Kumar Tripathy and his daughters, namely, Shyam Sundari Devi, Kusum Devi and Kishori Devi. To this extent, both the parties were in agreement. However, it was the case of Nirmala Devi that Ram Briksha Sharma had firstly married one Ramdaso Devi, daughter of Deolal Pandey of village Agrer. Subsequently, Ram Briksha Sharma married Buchchu @ Buchchi Kumari. Mahendra Narayan Tripathi and Nirmala Devi were born from the womb of Ramdaso Devi and Virendra Kumar Tripathi and his three sisters were born from the womb of Buchchi Kumari. So the case of Nirmala Devi was that she is the full sister of Mahendra Narayan Tripathi and, hence, she is entitled to receive succession certificate for the estate of Brij Kishori Devi, her brothers wife, whereas the case of Virendra Kumar Tripathi is that his father had only one wife and Mahendra Narayan Tripathi was his full brother. Nirmala Devi is not of their fami/y she is rather sister of Sarhu of Mahendra Narayan Tripathi. The lower Court placed the onus of proving that Nirmala Devi is the full sister of Mahendra Narayan Tripathi on herself and taking into consideration the oral and documentary evidence, adduced by both the parties held that Nirmala Devi was not the sister of Mahendra Narayan Tripathi.

4. The appellants lawyer relied on certain letters written by Virendra Kumar Tripathi to the son of Nirmala Devi, where he addressed himself as maternal uncle (Mama) of the addressee, and also on certain admissions and denials in the statement of Virendra Kumar Tripathi, as A.W. 1 and submitted that circumstances afforded by these letters and admission of Virendra Kumar Tripathi gave a clear inkling to the effect that Nirmala Devi was the step-sister of Virendra Kumar Tripathi and full sister of Mahendra Narayan Tripathi. I woufdstate in precise terms the relevant admissions and statements of A. W. 1 Virendra Kumar Tripathi and then I shall refer to the contents of letter written by A.W. 1 addressed to the son of Nirmala Devi and there after I shall give my findings whether the aforesaid letter and statements of A.W. 1 established the case of Nirmala Devi that she is the daughter of Ram Briksha Sharma and step sister of Virendra Kumar Tripathi. A.W. 1 admitted at Paragraph 47 of his evidence that Awadhesh and Suresh are the two sons of Nirmala Devi. He further admitted that he was living at Delhi along with his family members. This admission came at Para-22 of his evidence. At this very paragraph, he said