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.