Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence- Onus to prove title an~ possession - Plaintiff |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence — Onus to prove title and possession — Plaintiff claiming to be Bhumiswamis of the land in question on the basis of khasra entry — After losing the case in the first round from trial court, plaintiff amended the plaint taking plea of adverse possession — Matter remanded by first appellate court — In second round also suit dismissed and the order was confirmed by first appellate court — High Court in second appeal decreed the suit — On appeal, held: Plaintiff has to stand on his own legs to prove his case — The plaintiffs have failed to prove their case either on the claim.as Bhumiswamis or on the ground of adverse possession — High Court wrongly decreed the suit by placing onus of proof of title and possession of plaintiffs on defendant — Suit liable to be dismissed. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2015 INSC 255 |
Petitioner | State Of Madhya Pradesh |
Respondent | Nomi Singh And Another |
SCR | [2015] 3 S.C.R. 798 |
Judgement Date | 2015-03-24 |
Case Number | 3050 |
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