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december 2006

Supreme Court of India · 2006-12-13

S. APPADURAI NADAR vs A.CHOCKALINGA NADAR

Citation / case number
SC 1999/10368
Court
Supreme Court of India
Petitioner
S. APPADURAI NADAR
Respondent
A.CHOCKALINGA NADAR
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 properties 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 the defendants failed to provide sufficient evidence to counter the plaintiffs' claims. The judgment of the High Court was set aside, and the plaintiffs' rights were upheld, affirming their possession of the properties.

S. APPADURAI NADAR vs A.CHOCKALINGA NADAR · Niyam