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april 2002

Supreme Court of India · 2002-04-26

Shankar Sidduba (D) By Lrs. vs Ratna Bai

Citation / case number
AIRONLINE 2002 SC 54
Court
Supreme Court of India
Petitioner
Shankar Sidduba (D) By Lrs.
Respondent
Ratna Bai
Bench
S. Rajendra Babu, B.N. Agrawal

Judgment text excerpt

The Supreme Court addressed the validity of the High Court's decision to overturn the trial court's decree, emphasizing the importance of the presumption under Section 133 of the Karnataka Land Revenue Act and Section 114 of the Evidence Act. The Court held that the High Court erred in disregarding the concurrent findings of fact regarding possession of the land and the burden of proof concerning notice served on the deceased defendant. Consequently, the Supreme Court set aside the High Court's order and restored the trial court's dismissal of the suit, affirming the appellate court's decision.

Shankar Sidduba (D) By Lrs. vs Ratna Bai · Niyam