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july 2007

Supreme Court of India · 2007-07-09

Ramchandra Sakharam Mahajan vs Damodar Trimbak Tanksale (D) & Ors

Citation / case number
AIR 2007 SUPREME COURT 2577
Court
Supreme Court of India
Petitioner
Ramchandra Sakharam Mahajan
Respondent
Damodar Trimbak Tanksale (D) & Ors
Author
P.K. Balasubramanyan
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that in a suit for declaration of joint title and recovery of possession, the burden of proof lies on the plaintiff to establish his title. The Court emphasized that secondary evidence, such as a certified copy of a lease deed, cannot be admitted without laying a proper foundation, as per the Evidence Act. The trial Court's dismissal of the suit was upheld, as the plaintiff failed to produce the original lease deed dated 21.7.1875, which was crucial to his claim, thereby affirming the principle that mere possession does not equate to title.

Ramchandra Sakharam Mahajan vs Damodar Trimbak Tanksale (D) & Ors · Niyam