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.