Supreme Court of India · 2014-01-03
PRAFUL MANOHAR RELE vs KRISHNABAI NARAYAN GHOSALKAR .
- Citation / case number
- SC 2010/2987
- Court
- Supreme Court of India
- Petitioner
- PRAFUL MANOHAR RELE
- Respondent
- KRISHNABAI NARAYAN GHOSALKAR .
- Author
- T.S. THAKUR
- Bench
- VIKRAMAJIT SEN T.S. THAKUR
Judgment text excerpt
The Supreme Court upheld the High Court's decision to restore the Trial Court's dismissal of the plaintiff's suit for possession under the premise that the defendants were not gratuitous licensees but tenants. The Court emphasized that the burden of proof lies on the plaintiff to establish the nature of the defendants' occupation, which was not met. The judgment clarified the distinction between licensees and tenants, reinforcing the legal principle that mere occupation does not confer tenancy rights without adequate proof of rent payment or agreement.