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.