Supreme Court of India
M.durai v. Madhu and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the impugned judgment cannot be sustained and this should be set aside and the matter be remitted to the High Court for consideration of the Second Appeal afresh after formulating an appropriate substantial question of law arising, if any.
Judgment, page 6
From the headnote
Adverse possession-Burden to prove-Suit claiming title by sale deed-Defendants claiming adverse possession-Dismissal of suit-First Appellate Court holding in favour of plaintiff-High Court formulated question as to whether the lower appellate court was correct putting the burden to prove the possession on defendant while it was on the plaintiff to prove his title-And was decided in favour of defendants-On appeal, held: Once the plaintiff proves his title, the burden shifts to the defendant to establish perfection of his title by adverse possession-High Court formulated a wrong question-Hence
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Where later benches applied it
Of those, 1 referred to
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