K. S. NANJI AND COMPANY vs JATASHANKAR DOSSA AND OTHERS

The Supreme Court held that under Article 48 of the Indian Limitation Act, 1908, the burden of proof regarding knowledge of encroachment lies with the plaintiff, as it is within their special knowledge. The Court affirmed that the trial court correctly placed the burden on the respondents to prove their knowledge of the encroachment within the limitation period. The appeal was dismissed, upholding the lower court's decree that the suit was not barred by limitation, as the appellants failed to prove the respondents' prior knowledge of the encroachment.