Supreme Court of India · 2008-09-23
Bachhaj Nahar vs Nilima Mandal & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1103
- Court
- Supreme Court of India
- Petitioner
- Bachhaj Nahar
- Respondent
- Nilima Mandal & Ors
- Author
- R. V. Raveendran
- Bench
- Lokeshwar Singh Panta, R. V. Raveendran
Judgment text excerpt
The Supreme Court addressed a civil dispute regarding property ownership and encroachment, where the plaintiffs sought declarations of ownership and possession under the Title Suit No. 133/1982. The Court examined the trial court's findings under the relevant provisions of the Transfer of Property Act and held that the plaintiffs failed to establish their claim of ownership over the disputed land. Consequently, the appeal was allowed, and the trial court's decree was set aside, reinforcing the principle that the burden of proof lies on the party asserting ownership.