Supreme Court · 1977 INSC 60 · Decided 17 February 1977
Raj Rani & ANR. v. Kailash Chand & ANR.
- Court
- Supreme Court of India
- Citation
- 1977 INSC 60 · [1977] 3 S.C.R. 18
- Case number
- CIVIL APPEAL No. 1984/1968
- Decided
- 17 February 1977
- Bench
- M. HAMEEDULLAH BEG, P.S. KAILASAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act
Headnote
& ANR. v. KAILASH CHAND & ANR. February 17, 1977 (M. H. BEG, C. J. AND P. S. KA:lASAM, J.J Burden of Proof under Art. 142 of the Lin1itatio11 .. 1ct, 1908-A pluintif] adniilting dispossession in suits based on title, had to prove that Ile was in actual or constructive possession lVithin \Vas mortgaged bv Shco Shanker, Sangamlal and Bansidhar acting on theit own behalf and allegedly on behalf of Krioa Shankar (who was a minor then). Shital Prasad was not a party to the mortgage. When the whole house ·was sold in Court auction on 3-10-1937, in realisation of the
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