In Brief
The State of Punjab challenged a High Court judgment that had restored a suit for possession of land filed by the deceased respondent Bhagwantpal Singh. The respondent claimed ownership of land on which a government Veterinary Hospital had operated since 1958, claiming his father Inder Singh had not donated it. The Supreme Court held that the suit was barred by limitation (filed 43 years later) under Article 65 of the Limitation Act and was unmaintainable because the plaintiff did not seek a declaration of title (barred under Article 58). Under Section 110 of the Evidence Act, the burden lay on the challenger to prove the State was not the owner. The court allowed the appeal, confirming the First Appellate Court's dismissal of the suit.
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