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february 2009

Supreme Court of India · 2009-02-12

Narayanan Rajendran And Anr vs Lekshmy Sarojini And Ors

Court
Supreme Court of India
Petitioner
Narayanan Rajendran And Anr
Respondent
Lekshmy Sarojini And Ors
Author
Dalveer Bhandari
Bench
Harjit Singh Bedi, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the High Court's reversal of concurrent findings by the trial court and first appellate court under Section 100 of the Civil Procedure Code, 1908 was erroneous as it did not involve any substantial question of law. The Court emphasized that the burden of proof regarding the applicability of customary law lies with the party alleging it, and the plaintiffs failed to establish that the property was subtarwad under marumakkathayam law. Consequently, the Court upheld the findings of the lower courts that the property was governed by makkathayam law, affirming the defendants' exclusive rights.

Narayanan Rajendran And Anr vs Lekshmy Sarojini And Ors · Niyam