Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2015

Supreme Court of India · 2015-11-06

RAKESH MOHINDRA vs ANITA BERI .

Citation / case number
SC 2014/31914
Court
Supreme Court of India
Petitioner
RAKESH MOHINDRA
Respondent
ANITA BERI .
Author
M.Y. Eqbal
Bench
C. NAGAPPAN M.Y. EQBAL

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the trial court's order allowing the defendant to lead secondary evidence regarding the suit property. The Court emphasized that under Sections 34 and 38 of the Specific Relief Act, 1963, the plaintiff must establish their title and possession over the property. The Court reinstated the trial court's decision, allowing the defendant to present secondary evidence to support their claim, thereby affirming the right to defend against the plaintiffs' assertions.

RAKESH MOHINDRA vs ANITA BERI . · Niyam