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february 2009

Supreme Court of India · 2009-02-20

KALIAPERUMAL vs RAJAGOPAL

Citation / case number
SC 2002/7400
Court
Supreme Court of India
Petitioner
KALIAPERUMAL
Respondent
RAJAGOPAL
Author
M. Panchal

Judgment text excerpt

The Supreme Court set aside the High Court's judgment affirming the lower court's decree that declared the appellant as the owner of the disputed property under the Sale of Goods Act. The Court held that the appellant's claim of having paid Rs.25,000/- as part of the sale consideration was not substantiated, and thus the title did not pass to him as the full consideration of Rs.40,000/- was not paid. The Court emphasized that the burden of proof lies on the party claiming ownership, and in this case, the appellant failed to prove his case.

KALIAPERUMAL vs RAJAGOPAL · Niyam