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january 2007

Supreme Court of India · 2007-01-11

M.DURAI vs MUTHU .

Citation / case number
SC 1999/10252
Court
Supreme Court of India
Petitioner
M.DURAI
Respondent
MUTHU .
Author
S.B. SINHA
Bench
S.B. SINHA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court addressed the issue of adverse possession under Article 300A of the Constitution and Section 27 of the Limitation Act, 1963, holding that the defendants had perfected their title over the suit property by continuous and uninterrupted possession for over twelve years. The Court found that the plaintiff failed to prove ownership and that the burden of proof lay with him to establish his title, which he did not. Consequently, the appeal was dismissed, affirming the High Court's decision to reverse the trial court's judgment.

M.DURAI vs MUTHU . · Niyam