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january 2014

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.

PRAFUL MANOHAR RELE vs KRISHNABAI NARAYAN GHOSALKAR . · Niyam