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february 2000

Supreme Court of India · 2000-02-03

Smt. Swayamprabha And Anr. vs Jayantha And Ors.

Citation / case number
AIR 2000 SUPREME COURT 3673
Court
Supreme Court of India
Petitioner
Smt. Swayamprabha And Anr.
Respondent
Jayantha And Ors.
Bench
B.N. Kirpal, M.B. Shah, R.C. Lahoti

Judgment text excerpt

The Supreme Court held that the appellants' suit for possession of land was not barred by limitation as they were minors at the time of their father's death, and thus the period of limitation was extended under Section 6 of the Limitation Act, 1963. The Court emphasized that the concept of benami transactions must be carefully scrutinized, and the burden of proof lies on the defendant to establish his claim of ownership. The Court ultimately ruled in favor of the appellants, granting them possession of the property.

Smt. Swayamprabha And Anr. vs Jayantha And Ors. · Niyam