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.