Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1991

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.

LAKHAN SAO (DECEASED) NOW THROUGHHIS LEGAL HEIRS vs DHARAMU CHAUDHARY · Niyam