Supreme Court of India · 2009-02-12
NARAYANAN RAJENDRAN vs LEKSHMY SAROJINI .
- Citation / case number
- SC 2000/7203
- Court
- Supreme Court of India
- Petitioner
- NARAYANAN RAJENDRAN
- Respondent
- LEKSHMY SAROJINI .
- Author
- Dalveer Bhandari
- Bench
- DALVEER BHANDARI,HARJIT SINGH BEDI, , ,
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 plaintiffs, who failed to establish that the property was subtarwad property governed by marumakkathayam law. The Court upheld the findings of the lower courts that the property was governed by makkathayam law, affirming the exclusive rights of the defendant over the property.