Supreme Court of India · 2008-08-01
T.Kaliamuthi And Anr vs Five Gori Thaikal Wakf And Ors
- Citation / case number
- AIR 2009 SUPREME COURT 840
- Court
- Supreme Court of India
- Petitioner
- T.Kaliamuthi And Anr
- Respondent
- Five Gori Thaikal Wakf And Ors
- Author
- Tarun Chatterjee
- Bench
- A.K. Mathur, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellants' second appeals, affirming that the suit properties were Wakf properties and that the suits were not barred by limitation under Article 96 of the Limitation Act, 1963. The Court clarified that the appellants failed to establish their claim of adverse possession, thereby reinforcing the legal principle that the burden of proof lies on the party asserting adverse possession. The judgment of the High Court was maintained, and the appeals were dismissed.