JUDGMENT :

Rajnish Kumar, J.

1. Heard Shri R.D. Shahi, learned counsel for the appellant and Shri Prem Shankar Shukla, learned counsel for the respondent.

2. This second appeal has been filed assailing the judgment and order dated 09.10.2014 passed in Civil Appeal No.158 of 2014; Kusum Dasi Vs. Awadhesh Das and Another by Additional District Judge, Court No.1, Faizabad, by means of which the appeal has been allowed and the judgment and decree dated 30.05.2014 passed in Regular Suit No.192 of 1978; Sri Thakur Sanatan Ram Yugal Sarkar Virajman Mandir Maibara and Another Vs. Lalita Dasi by Civil Judge (Senior Division), Faizabad has been set aside and the suit of the plaintiff-appellants for declaration and possession has been dismissed.

3. This second appeal was admitted on the following substantial questions of law:-

"1. Whether the learned first appellate court erred in law in observing that the will deed dated 26.09.1969 was not proved despite the execution of the same being duly admitted by D.W.1 and D.W.2 making the will deed admissible under Section 70 of the Indian Evidence Act?

2. Whether the learned courts below erred in law in placing burden of proof upon the appellants though as