Supreme Court of India · 2024-01-31
GOVT.OF GOA TR.CHIEF SEC. vs MARIA JULIETA DSOUZA (D)
- Citation / case number
- SC 2011/31470
- Court
- Supreme Court of India
- Petitioner
- GOVT.OF GOA TR.CHIEF SEC.
- Respondent
- MARIA JULIETA DSOUZA (D)
- Author
- PAMIDIGHANTAM SRI NARASIMHA
- Bench
- HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE 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 was not contested 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 her title.