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july 2007

Supreme Court of India · 2007-07-09

RAMCHANDRA SAKHARAM MAHAJAN vs DAMODAR TRIMBAK TANKSALE (D) .

Citation / case number
SC 2005/8799
Court
Supreme Court of India
Petitioner
RAMCHANDRA SAKHARAM MAHAJAN
Respondent
DAMODAR TRIMBAK TANKSALE (D) .
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the trial court's dismissal of the plaintiff's suit for declaration of joint title and recovery of possession, emphasizing the necessity of producing original documents to establish title, as per the Evidence Act. The court noted that the plaintiff failed to produce the original lease deed dated 21.7.1875, which was crucial for his claim, and thus secondary evidence was inadmissible. The court affirmed that the burden of proof lies on the party asserting a claim, and in this case, the plaintiff did not meet that burden, leading to the dismissal of the appeal.

RAMCHANDRA SAKHARAM MAHAJAN vs DAMODAR TRIMBAK TANKSALE (D) . · Niyam