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.