Supreme Court of India · 1991-02-20
LAKHAN SAO (DECEASED) NOW THROUGHHIS LEGAL HEIRS vs DHARAMU CHAUDHARY
- Citation / case number
- SC 1986/69846
- Court
- Supreme Court of India
- Petitioner
- LAKHAN SAO (DECEASED) NOW THROUGHHIS LEGAL HEIRS
- Respondent
- DHARAMU CHAUDHARY
- Author
- M. FATHIMA BEEVI
- Bench
- M. FATHIMA BEEVI
Judgment text excerpt
The Supreme Court held that in a suit based on title, the burden of proof lies with the plaintiff to establish their title, particularly when challenging a prior deed as a sham transaction. The Court clarified that while the defendant may choose not to present evidence, once both parties have submitted evidence, the court must consider all materials before reaching a decision. The appellate court's findings were upheld as they were supported by the evidence on record, and no error was found in the approach taken by the lower court under Section 100 CPC.