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december 2002

Supreme Court of India · 2002-12-19

Mahila Bajrangi (Dead) Through L.Rs. & ... vs Badribai W/O Jagannath & Anr

Court
Supreme Court of India
Petitioner
Mahila Bajrangi (Dead) Through L.Rs. & ...
Respondent
Badribai W/O Jagannath & Anr
Author
D. Raju
Bench
Doraiswamy Raju, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court upheld the decision of the Madhya Pradesh High Court, which dismissed the plaintiff's suit for declaration of title and recovery of possession of property based on the findings that the plaintiff failed to establish her relationship as a legal heir of Gendilal and that the gift deed executed by Gopali was ineffective. The Court emphasized that the burden of proof lies on the plaintiff to establish her claims, and since the Trial Court found that the defendants were in possession and had a valid claim to the property, the appeal was dismissed. The judgment reinforces the principle that possession and legal title must be substantiated by credible evidence.

Mahila Bajrangi (Dead) Through L.Rs. & ... vs Badribai W/O Jagannath & Anr · Niyam