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.