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.