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Supreme Court of India 2024-01-31 dismissed

THROUGH THE CHIEF SECRETARY vs MARIA JULIETA D’SOUZA (D) & ORS

Bench: 2 — Pamidighantam Sri Narasimha, Aravind Kumar

In Brief

The State (Goa) appealed a High Court judgment that upheld the respondent's suit for declaration of title to property. The Trial Court had dismissed the suit, citing lack of documentary title and limitation. The High Court examined multiple deeds and documents evidencing the respondent's predecessor's title and subsequent continuous possession, concluding title was well-established and the suit timely. The Supreme Court held that burden of proof and standard of proof are distinct concepts. While the plaintiff bears the burden, evidence is evaluated by the civil standard of preponderance of probability. Multiple pieces of evidence collectively establishing a chain of title satisfy this standard. The High Court correctly reappreciated facts and law; appeal dismissed."

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Property Law Civil Procedure Evidence Burden of Proof Title and Possession First Appeal

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