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2015 Supreme(All) 3314

ADITYA NATH MITTAL
Sundara Devi (D/O Sri Baijnth ) – Appellant
Versus
Ram Adhar – Respondent


Advocates Appeared:
For the Revisionist :- S.K.Mehrotra,I.D.Shukla
For the Opposite Party :- Karm Veer Yadav

JUDGMENT

Aditya Nath Mittal, J.

Heard learned counsel for both the parties' and perused the record.

2. This civil revision has been filed with the prayer to set aside the order passed by the appellate court, whereby the order passed by the Trial Court issuing succession certificate with respect to two SDTRs was set aside.

3. The brief facts of the case are that the revisionists had filed the application for succession regarding the estate of their father (late) Sri Baij Nath alleging that they are the daughters of (late) Baij Nath. The respondents had contested the said application on the ground that (late) Baij Nath was their real brother, who had executed a Will in their favour. Therefore, the revisionists were not entitled to the succession certificate.

4. After recording the evidence of both the parties, the learned trial court came to the conclusion that the revisionists-applicants are the daughters of (late) Baij Nath and the said Will as well as the edition of name of Ram Adhar creates doubt. The learned trial court held that the revisionists were best titled to the estate of (late) Baij Nath. Therefore, the application was allowed and the objections were rejected by judgemen

















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