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january 2005

Supreme Court of India · 2005-01-27

CHRISTOPHER BARLA vs BASUDEV NAIK(D) BY LRS.

Citation / case number
SC 1993/82458
Court
Supreme Court of India
Petitioner
CHRISTOPHER BARLA
Respondent
BASUDEV NAIK(D) BY LRS.
Author
B.P.Singh
Bench
B.P. SINGH & ARUN KUMAR

Judgment text excerpt

The Supreme Court held that in matters of land disputes involving tribal members, the onus of proof regarding title lies with the party asserting ownership. The Court found that the High Court erred in placing the burden of proof on the appellant, who had established possession through a registered sale deed under Orissa Regulation No.2 of 1956. The Court reversed the High Court's decision and restored the trial court's decree in favor of the appellant, affirming his title and possession of the land.

CHRISTOPHER BARLA vs BASUDEV NAIK(D) BY LRS. · Niyam