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august 1964

Supreme Court of India · 1964-08-11

MUSAMMAT MURTI DUSSADHIN AND OTHERS vs SURAJDEO SINGH AND OTHERS

Citation / case number
SC 1960/202
Court
Supreme Court of India
Petitioner
MUSAMMAT MURTI DUSSADHIN AND OTHERS
Respondent
SURAJDEO SINGH AND OTHERS
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that in a suit for ejectment where the plaintiff's title is admitted by the defendant, Article 144 of the Indian Limitation Act, 1908 applies, not Article 142. The Court emphasized that if a defendant acknowledges the plaintiff's title and claims possession as a tenant, the onus is on the defendant to prove their occupancy rights. The appeal was dismissed, affirming the High Court's decision that the defendants failed to establish their claim of possession for the requisite period.

MUSAMMAT MURTI DUSSADHIN AND OTHERS vs SURAJDEO SINGH AND OTHERS · Niyam