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january 2024

Supreme Court of India · 2024-01-31

Govt.Of Goa Tr.Chief Sec. vs Maria Julieta Dsouza (D)

Court
Supreme Court of India
Petitioner
Govt.Of Goa Tr.Chief Sec.
Respondent
Maria Julieta Dsouza (D)
Author
Pamidighantam Sri Narasimha
Bench
Aravind Kumar, Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing the appeal against the Trial Court's dismissal of the suit for declaration of title and injunction. The Court found that the High Court correctly established the plaintiff's title based on various documents and continuous possession, and ruled that the suit was within the limitation period as the issue of limitation was not pressed by the State. The Court clarified the distinction between burden of proof and standard of proof, affirming that the plaintiff had adequately discharged the burden of proof regarding title.

Govt.Of Goa Tr.Chief Sec. vs Maria Julieta Dsouza (D) · Niyam