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september 2008

Supreme Court of India · 2008-09-23

Hemaji Waghaji Jat vs Bhikhabhai Khengarbhai Harijan & Ors

Citation / case number
AIR 2009 SUPREME COURT 103
Court
Supreme Court of India
Petitioner
Hemaji Waghaji Jat
Respondent
Bhikhabhai Khengarbhai Harijan & Ors
Author
Dalveer Bhandari
Bench
Harjit Singh Bedi, Dalveer Bhandari

Judgment text excerpt

The Supreme Court upheld the High Court's decision, affirming that the appellant failed to prove ownership of the disputed land under Section 27 of the Limitation Act, as he did not plead adverse possession nor provide evidence of continuous possession for the requisite period. The Court reiterated that the burden of proof lies on the claimant to establish title and possession, referencing B. N. Venkatarayapa v. State of Karnataka. The appeal was dismissed, confirming the lower courts' findings against the appellant.

Hemaji Waghaji Jat vs Bhikhabhai Khengarbhai Harijan & Ors · Niyam