In Brief
The State of Punjab had constructed and operated a Veterinary Hospital on land allegedly gifted by Inder Singh in 1958. When Inder Singh's son sued for possession over 43 years later (2001), the High Court had sided with the plaintiff, setting aside the trial court's dismissal. The Supreme Court reversed this, holding that the plaintiff's suit was barred by the 12-year limitation period under Article 65 of the Limitation Act. The Court ruled that under Section 110 of the Evidence Act, because the State had been in continuous, undisputed possession since 1958, the burden was on the plaintiff to prove the State was not the owner—a burden he failed to discharge. The suit was also not maintainable without a prior declaration of title. Appeal allowed; High Court judgment set aside.
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