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Supreme Court of India 2020-02-20 allowed

SHRI PARTAP SINGH (SINCE DEAD) THR HIS LRS. vs SHIV RAM (SINCE DEAD) THR LRS

Bench: 2 — D.Y. Chandrachud, Hemant Gupta

In Brief

An ex-ruler of the princely state of Dhami sued to recover possession of lands managed by the defendant, claiming the defendant was his property manager who should be removed. The defendant asserted he was a tenant. The trial court found the defendant was a tenant based on oral evidence; the High Court upheld this and dismissed the suit. The Supreme Court reversed, holding that the statutory presumption of truth attached to revenue records (Jamabandi and Khasra Girdawari) showing the plaintiff as owner in possession cannot be rebutted by oral evidence alone. The defendant, who bore the burden of proving a landlord-tenant relationship, failed to produce reliable documentary evidence. The Court affirmed the first appellate judgment and allowed the plaintiff's appeal for possession.

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Landlord and Tenant Evidence Law Revenue Records Statutory Presumptions Burden of Proof Land Disputes Himachal Land Revenue Act

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