Supreme Court of India · 2007-09-11
Krishnan vs Backiam & Anr
- Court
- Supreme Court of India
- Petitioner
- Krishnan
- Respondent
- Backiam & Anr
- Author
- Markandey Katju
- Bench
- A.K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court held that the burden of proof lies on the defendant to establish that the sale deed dated 25.9.1989 was forged, as per the principles established under Section 54 and 59 of the Transfer of Property Act and Section 68 of the Indian Evidence Act. The Court affirmed the First Appellate Court's finding that the plaintiff-appellant had established his title to the property through valid documentation, and the High Court's reversal of this finding was erroneous. The appeal was allowed, reinstating the First Appellate Court's judgment in favor of the plaintiff-appellant.