Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 ss.101 and 102 - Burden of proof |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Evidence Act, 1872:ss.101 and 102 - Burden of proof - Suit for declaration that plaintiff was owner and in possession of 113rd of suit property- Held: It was upon plaintiff-appellants to furnish proof D regarding ownership of 1/3rd share of suit property and discharge their burden of proof as per ss. 101 and 102 - It was primarily and essentially necessary for plaintiff-appellants to establish their claim of ownership before they could invite the court to address itself to the issue of their challenge to title of defendants-respondents to suit properly - Plaintiff- appellants having failed to do so, their entire claim was liable to be rejected - Trial court and first appellate court erred in assuming certain facts, which are not in existence, to come to erroneous conclusion in the absence of title document in justification of claim of plaintiff and ignored the pleadings of defendants though they have specifically denied ownership right claimed by plaintiff in respect of suit property.Code of Civil Procedure, 1908:s. 100 - High Court framing substantial questions of law and while answering the same in favour of defendants, setting aside concurrent findings of both the courts below - Held: High Court has rightly come to the conclusion that substantial questions of law were to be answered in the negative, holding that since plaintiff-appellants have not produced any document of title in relation to suit property, grant of decree . in their favour is erroneous in. law - Substantial questions of law framed by High Court at the _time of admission of second appeal is based on law laid down by Supreme Court - Therefore, High Court was justified in recording cogent and valid reasons to annul the concurrent findings of courts below and in holding that non-appreciation of pleadings and ยท evidence on record by courts below rendered their finding on the contentious issues/points as perverse and arbitrary, and, therefore, the same have been rightly set aside by High Court c by answering the substantial questions of law in favour of defendants - There is, therefore, no reason to interfere with the judgment and decree passed by High Court. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 815 |
Petitioner | Sebastiao Luis Fernandes (dead) Through Lrs. & Ors. |
Respondent | K.v.p. Shastri (dead) Through Lrs. & Ors. |
SCR | [2013] 11 S.C.R. 1076 |
Judgement Date | 2013-12-10 |
Case Number | 6183 |
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