Declaration of title suit
dawood ahmed
(Querist) 31 March 2012
This query is : Resolved
Hi Experts,
PLEASE LET ME KNOW THE PRINCIPLES OF LAW INVOLVED IN DECLARATION OF TITLE SUITS. WHAT THE PLAINTIFF MUST PROVE TO SUCCEED ? CAN HE SUCCEED ON THE WEEKNESS OR NO EVIDENCE ON THE PART OF THE DEFENDANTS WHO HAVE ENCROACHED UPON THE SUIT LAND ?
CITATIONS DEALING WITH THE CARDINAL PRINCIPLES OF THE SUBJECT MAY BE FURNISHED.
WITH REGARDS AND THANKS IN ADVANCE.
Adv.R.P.Chugh
(Expert) 31 March 2012
Dear Querist,
In a Suit for Declaration as per S.34 of the Specific Relief Act - the plaintiff has to make out a case by evidences that prove his legal character/right as to any property, he cannot derive any strength from the weakness of the case of the person denying his title/defendant.
The Initial Burden of Proof always rests on the person asserting the affirmative of an issue - i.e who approaches the court for a judgment - has to prove those facts on which the judgment depends. S.101 of the Evidence Act.
Only after you satisfy the initial burden..would the onus shift on the opposite party to disprove your case or prove their title. S.102 Evidence Act.
You've also mentioned that the opposite party in possession of the property...that makes your task all the more difficult because as per S.110 Evidence Act - onus to prove that a person who is in possession is not the owner lies on the person asserting the same. This is because possession is prima facie evidence of ownership (Nine points of ownership as it is called 9/10th)
dawood ahmed
(Querist) 03 April 2012
Thank you Mr. Chug for your enlightening answer. I further request you for giving suitable citations to drive home the points you answered.
Thank you very much.
