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december 2006

Supreme Court of India · 2006-12-13

S.Appadurai Nadar & Anr. Appellants vs A.Chockalinga Nadar & Anr. Respondents

Citation / case number
AIRONLINE 2006 SC 653
Court
Supreme Court of India
Petitioner
S.Appadurai Nadar & Anr. Appellants
Respondent
A.Chockalinga Nadar & Anr. Respondents
Author
A.K. Mathur
Bench
A.K.Mathur, C.K.Thakker

Judgment text excerpt

The Supreme Court held that the plaintiffs, having established their continuous possession and enjoyment of the suit property since the partition in 1965, were entitled to a permanent injunction against the defendants under the principles of adverse possession. The Court emphasized that the burden of proof lies on the party asserting ownership, and since the defendants failed to provide sufficient evidence to counter the plaintiffs' claims, the High Court's reversal of the lower courts' findings was unjustified. The appeal was allowed, restoring the original decree in favor of the plaintiffs.

S.Appadurai Nadar & Anr. Appellants vs A.Chockalinga Nadar & Anr. Respondents · Niyam