RAMCHANDRA SAKHARAM MAHAJAN versus DAMODAR TRIMBAK TANKSALE (D) AND ORS.

RAMCHANDRA SAKHARAM MAHAJAN versus DAMODAR TRIMBAK TANKSALE (D) AND ORS.

Plaintiff should be allowed to amend plaint and adduce evidence including certified copy of lease deed; matter remanded for fresh trial with opportunity to identify property and examine disputed documents. Burden of proof remains on plaintiff and title cannot be granted solely on weakness of defendants' case.

Parties
Appellant/plaintiff: Ramchandra Sakharm Mahajan; Respondents/defendants: Damodar Trimbak Tanksale (D) and Ors.
Jurisdiction
India
Judgment Date
09 July 2007
Procedural Posture
Civil Appeal/special Leave Petition / Appeal From High Court Judgment; Remand to Trial Court
Outcome
Appeal allowed, judgments and decrees of courts below set aside, suit remanded to trial court for fresh trial; Special Leave Petition dismissed.
Legal Topics
Suit for Possession Based on Title, Burden of Proof, Amendment of Plaint, Admissibility of Secondary Evidence, Identification of Property
Property Law Civil Procedure Evidence Suit for Possession Based on Title Burden of Proof Amendment of Plaint Admissibility of Secondary Evidence Identification of Property

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Parties

Ramchandra Sakharm Mahajan

Appellant/plaintiff

Damodar Trimbak Tanksale (D) and Ors.

Respondents/defendants

Procedural Posture

Civil Appeal/special Leave Petition / Appeal From High Court Judgment; Remand to Trial Court

Legal Issues

  1. 1 Whether plaintiff established title to suit property for recovery of possession
  2. 2 Whether amendment of plaint to supply better particulars should be allowed
  3. 3 Whether certified copy of ancient lease deed (1875) was admissible as secondary evidence

Ratio Decidendi

Plaintiff should be allowed to amend plaint and adduce evidence including certified copy of lease deed; matter remanded for fresh trial with opportunity to identify property and examine disputed documents. Burden of proof remains on plaintiff and title cannot be granted solely on weakness of defendants' case.

Court Disposition

Appeal allowed, judgments and decrees of courts below set aside, suit remanded to trial court for fresh trial; Special Leave Petition dismissed.

Orders

  • Amendment of plaint allowed; plaintiff to carry out amendment within three months.
  • Defendants 1 to 9 allowed to file additional written statement within four months.