Supreme Court · 1991 INSC 54 · Decided 20 February 1991
Lakhan Sao (Deceased) Now Through His Legal Heirs v. Dharamu Chaudhary
- Court
- Supreme Court of India
- Citation
- 1991 INSC 54 · [1991] 1 S.C.R. 544
- Case number
- CIVIL APPEAL No. 1440/1986
- Decided
- 20 February 1991
- Bench
- B.C. RAY, M. FATHIMA BEEVI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 145; CPC Section 100
Headnote
Code of Civil Procedure, 1908: Suit for declaration of title and ~ possession-Burden to prove title is on the plaintiff-But when both plaintiff and defendant tender evidence the question of burden of proof c is not important-Court can consider the entire evidence on record. The of title and possession of the suit properties on the basis of a sale-deed date<1 February 10, 1964 executed in his favour by Mrs. T. The appellant-defendant also asserted his title and possession y D under an earlier deed dated February 14, 1959 executed by Mrs.Tin his favour. The
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