Bholooram (Bhola) And Ors. vs Ramlal And Ors. on 1 February, 1989
17. The Court below committed illegality in misplacing the burden on the defendants to disprove the factum of adoption and invalidity in it. He was not justified in drawing inference against them for not examining Jatibai as their witnesses. It is well settled that the primary burden to prove the adoption and its validity rests on the person who seeks to displace the natural succession by alleging his adoption. See Smt. Gopi v. Madanlal, AIR 1970 Raj 190.