Supreme Court · 2007 INSC 732 · Decided 9 July 2007
Ramchandra Sakharam Mahajan v. Damodar Trimbak Tanksale (D) and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 732 · [2007] 8 S.C.R. 178
- Case number
- CIVIL APPEAL No. 2920/2007
- Decided
- 9 July 2007
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 6; Transfer of Property Act
Headnote
/ Transfer of Property Act, 1882: c Suit for possession-Based on title-Burden of proof-Held: ls on plaintiff to establish that title-Weakness in defence or failure of defendants to establish Jitle set up by them, would not enable plaintiff to a decree. Title is not decided by survey records alone. wanted to amend the plaint and supply _(. better particulars-Trial Court ought to have allowed amendment so as to decide dispute in more satisfactory manner. E faidence Act, 1872: Ancient document-Lease deed of year I 87 5-Plaintiff produced certified copy of lease deed-Trial Court
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