CIVIL LAW: LAND DISPUTE - Onus to prove title of land is on the person who files the case before the court - In certain situations admitted facts are also required to be proved.- 13:00
Supreme Court of India
Justice R Banumathi
It was held by the Supreme Court of India in the case titled as 'Jagdish Prasad Patel Versus Shivnath and others' that even those facts which are admitted by the opponent can be required to be proved in view of section 58 proviso of the Indian Evidence Act in the facts of the particular case.
It was further held that onus to prove title for seeking relief of declaration is on the plaintiff and failure to prove title would be fatal to the suit of the plaintiff.
In the present case order of first and second appellate Court was set aside. The additional evidence was also taken by the Supreme Court under Order 41 Rule 27 CPC, in view of failure to discharge the onus by the plaintiff, finally after going through the record of the case, the suit of the plaintiff was dismissed by the Supreme Court.