Supreme Court · 2007 INSC 31 · Decided 11 January 2007
M.DURAI v. Madhu and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 31 · [2007] 1 S.C.R. 816
- Case number
- CIVIL APPEAL No. 6195/2000
- Decided
- 11 January 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 142, 144
Headnote
Adverse possession-Burden to prove-Suit claiming title by sale deed-Defendants claiming adverse possession-Dismissal of suit-First Appellate Court holding in favour of plaintiff-High Court formulated question as to whether the lower appellate court was correct putting the burden to prove the of defendants-On appeal, held: Once the plaintiff proves his title, the burden shifts to the defendant to establish perfection of his title by adverse possession-High Court formulated a wrong question-Hence matter remitted to High Court­ Limitation Act, 1908-Articles 142 and 144-Lirnitation
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