Supreme Court · 2013 INSC 815 · Decided 10 December 2013
Sebastiao Luis Fernandes (Dead) Through LRS. & ORS. v. K.V.P. Shastri (Dead) Through LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 815 · [2013] 11 S.C.R. 1076
- Case number
- CIVIL APPEAL No. 6183/2001
- Decided
- 10 December 2013
- Bench
- G.S. SINGHVI, V. GOPALA GOWDA, C. NAGAPPAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 101, 102
Headnote
C Evidence Act, 1872: ss.101 and 102 - Burden of proof - Suit for declaration that plaintiff was owner and in possession of 113rd of suit property- Held: It was upon plaintiff-appellants to furnish proof D regarding ownership of 1/3rd share of their burden ofproofas per ss. 101 and 102 - It was primarily and essentially necessary for plaintiff-appellants to establish their claim of ownership before they could invite the court to address itself to the issue of their challenge to title of defendants-respondents to suit properly -
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