Supreme Court of India
Ramchandra Sakharam Mahajan v. Damodar Trimbak Tanksale (d) 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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result this appeal is allowed, the judgments and decrees of the courts below are set aside and the suit is remanded to the trial Court for a fresh trial and disposal in accordance with law and in the light of the D observations made above.
Judgment, page 11
From the headnote
Transfer of Property Act, 1882: c Suit for possession-Based on title-Burden of proof-Held: ls on plaintiff to establish that title-Weakness in defence or failure of defendants to establish Jitle set up by them, would not enable plaintiff to a decree. Title is not decided by survey records alone. Code of Civil Procedure, 1908-o.6. r.17 Amendment of plaint-Plaintiff wanted to amend the plaint and supply _(. better particulars-Trial Court ought to have allowed amendment so as to decide dispute in more satisfactory manner. faidence Act, 1872: Ancient document-Lease deed of year I 87 5-Plaintiff
Where later benches applied it
- 2024 The State of Punjab and Ors. v. Bhagwantpal Singh Alias Bhagwant Singh (deceased) through Lrs.
- 2008 P.H. Dayanand v. S. Venugopal Naidu & Ors.
Of those, 1 referred to · 1 mentioned
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