Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit – Suit for declaration of title |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit – Suit for declaration of title – Burden of proof – Trial court decreed the suit holding that the plaintiff had right, title and interest in the subject property and was entitled to khas possession of the property after evicting all the defendants – High Court reversed the judgment of trial court holding that plaintiff on basis of evidence and documents placed on record had not been able to discharge the burden of proof to establish legal ownership and title to the subject property – Held: High Court rightly set aside the judgment and decree of the trial court – The plaintiff took contradictory stands – On the date of filing of the suit, the plaintiff was not in constructive or actual physical possession of the property – The defendants could not be dispossessed unless the plaintiff established a better title and rights over the property – The burden of proof to establish a title in the present case lay upon the plaintiff –s. 101 of the Evidence Act states that burden on proving the fact rests with party who substantially asserts in the affirmative and not on the party which is denying it – In terms of s. 102 of the Evidence Act, if both parties fail to adduce evidence, the suit must fail – Onus of proof, no doubt shifts and the shifting is a continuous process in the evaluation of evidence, but this happens when in a suit for title and possession, the plaintiff has been able to create a high degree of probability to shift the onus on the defendant – The weakness of the defence cannot be a justification to decree the suit – The plaintiff could have succeeded in respect of the property if she had discharged the burden to prove the title to the property which squarely fell on her – This would be the true effect of ss. 101 and 102 of the Evidence Act – Suit in question liable to be dismissed – Evidence Act – ss. 101 and 102. Evidence – “Burden of proof” and “Onus of proof” – Discussed. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2023 INSC 8 |
Petitioner | Smriti Debbarma (dead) Through Legal Representative |
Respondent | Prabha Ranjan Debbarma And Others |
SCR | [2023] 1 S.C.R. 355 |
Judgement Date | 2023-01-04 |
Case Number | 878 |
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