Suit for declaration of title - Onus to prove his title is on plaintiff - He cannot succeed on weakness of defendant's case - Revenue records - Not proof of title.

Citation

AIR 2014 SUPREME COURT 937

2014 (4) CTC 471

SUPREME COURT

(From : Andhra Pradesh)

K. S. RADHAKRISHNAN , J. and A. K. SIKRI , J.

Civil Appeal No. 4702 of 2004, D/- 7 - 1 - 2014

Union of India v. Vasavi Co-op. Housing Society Ltd and others

(A)Specific Relief Act (47 of 1963), S.34 - Suit for declaration of title - Onus to prove his title is

on plaintiff - He cannot succeed on weakness of defendant's case.

The plaintiff in a suit for declaration of title and possession could succeed only on the strength of its

own title and that could be done only by adducing sufficient evidence to discharge the onus on it,

irrespective of the question whether the defendants have proved their case or not. Even if the title set

up by the defendants is found against, in the absence of establishment of plaintiff's own title, plaintiff

must be non-suited.

 (Para 15) 

(B)Specific Relief Act (47 of 1963), S.34 - Evidence Act (1 of 1872), S.114 - Suit for declaration

of title - Revenue records - Not proof of title.

 (Paras 17 , 20) 

(C)Specific Relief Act (47 of 1963), S.34 - Suit for declaration of title - Plaintiff relying on family

settlement - Absence of suit land in family settlement - No explanation given by plaintiff - Title

of plaintiff to suit land becomes doubtful - Decreeing suit by finding weakness in evidence of

defendant, improper. CCCA No. 123 of 1996, D/- 6-9-2002 (AP), Reversed.

 (Paras 21 , 22)