Supreme Court of India · 2009-03-30
SATYA NARAIN vs OM PRAKASH .
- Citation / case number
- SC 2007/7676
- Court
- Supreme Court of India
- Petitioner
- SATYA NARAIN
- Respondent
- OM PRAKASH .
Judgment text excerpt
The Supreme Court upheld the Rajasthan High Court's dismissal of the appeal in Civil Second Appeal No.63/1990, affirming the lower court's decision that Malchand, as the adopted son of Meghraj, was entitled to recover possession of the mortgaged properties. The Court clarified that the provisions of limitation under Section 12 of the Limitation Act apply to the execution of decrees, and the claim for possession does not equate to a claim for redemption of the mortgage. The ruling reinforced the principle that the burden of proof lies on the party asserting the adoption, which was established in the earlier judgments.