Supreme Court · 1996 INSC 339 · Decided 29 February 1996
The Bihar State Board of Religious Trust v. Ramsubaran Das
- Court
- Supreme Court of India
- Citation
- 1996 INSC 339 · [1996] 3 S.C.R. 56
- Case number
- CIVIL APPEAL No. 846/1981
- Decided
- 29 February 1996
- Bench
- S.P. BHARUCHA, S.B. MAJMUDAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 102
Headnote
Evidence Act, 1872-Section 102-0nus of proof-Suit filed claiming an act done by a predecessor was not binding on the plaintiff as it was done -~ due to mistake of fact and law-Held, onus of proof to establish mistake of :>, C law and fact is on the plaintiff. Hindu Law-Temples-Nature of-Public land to one M, who had constructed a temple on the said land. M died leaving behind two D 'chelas'. H, who was one of the chelas or M, purchased some land in another village and constructed a temple on the said land. H died and was succeeded by various persons. R, who was the successor of H at
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