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september 2008

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.

Bachhaj Nahar vs Nilima Mandal & Ors · Niyam