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october 2004

Supreme Court of India · 2004-10-12

P.JANARDHANA RAO vs KANNAN

Citation / case number
SC 1998/2641
Court
Supreme Court of India
Petitioner
P.JANARDHANA RAO
Respondent
KANNAN
Author
KAPADIA
Bench
ASHOK BHAN S.H. KAPADIA

Judgment text excerpt

The Supreme Court overturned the High Court's decision in C.R.P. No.2960 of 1995, which had dismissed the decree holder's application under Order 21 Rule 97 of the Code of Civil Procedure. The Court held that the evidence presented did not substantiate the obstructionists' claim of possession since 1965, and emphasized that the burden of proof lies with the obstructionists to establish their claim. The Court reinstated the executing Court's order allowing the decree holder's petition, thereby facilitating the delivery of possession to the decree holder.

P.JANARDHANA RAO vs KANNAN · Niyam