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.