Decree of Possession Can't Be Passed In Favour Of Plaintiff Merely Because Defendants Could Not Fully Establish Their Title: Supreme Court

Team SoOLEGAL 11 Jan 2023 11:11am

Decree of Possession Can't Be Passed In Favour Of Plaintiff Merely Because Defendants Could Not Fully Establish Their Title: Supreme Court

The Bench of Hon’ble Mr. Justice Sanjeev Khanna and JK Maheshwari, Supreme Court in a Civil Appeal No. 878 of 2009, observed that the Decree of Possession can't be passed In favor Of Plaintiff merely because defendants could not fully establish their title. In 1986, Smriti Debbarma, on behalf of Maharani Chandratara Devi filed suit inter alia praying for the declaration that the Maharani Chandratara Devi is the owner of the property known as ‘Khosh Mahal’.

In 1996, the Trial Court decreed the suit holding that the plaintiff had right, title and interest in the property. Gauhati High Court allowed the appeals filed by the defendants and reserved the Trial Court judgement.

The Hon’ble Court observed that the burden of proof to establish a title in the present case lies upon the plaintiff as this burden lies on the party who asserts the existence of a particular state of things on the basis of which she claims relief and also held that the High Court had rightly allowed the appeal and set aside the judgment and decree of the trial court.

Tagged: Decree of Possession  
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