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may 2007

Supreme Court of India · 2007-05-18

M/S Kamakshi Builders vs M/S Ambedkar Educational Society & Ors

Citation / case number
AIR 2007 SUPREME COURT 2191
Court
Supreme Court of India
Petitioner
M/S Kamakshi Builders
Respondent
M/S Ambedkar Educational Society & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the lower court's decree for recovery of possession and arrears of rent, emphasizing that the burden of proof for the alleged oral gift rested on Respondent No. 1, which failed to substantiate its claim. The Court noted that Respondent No. 1 did not produce any evidence to support the validity of the oral gift or its claim of adverse possession. The judgment reinforced the principle that mere occupation does not confer ownership without legal backing, thus affirming the appellant's rights under the Arbitration Act, 1940, and the decree of the trial court.

M/S Kamakshi Builders vs M/S Ambedkar Educational Society & Ors · Niyam