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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): V. N. Khare, S. N. Phukan , JJ

(A) Evidence Act (1 of 1872) , S.108, S.101, S.104— Date of death of person - There is no presumption of exact time of death - Plaintiff claimed succession to estate as sixth collateral of 'J' - Burden is on plaintiff to prove date of death - No pleading nor any averment by plaintiff regarding date of death of 'J' - 'J' who was not heard for more than seven years cannot be considered to be dead only on date on which suit was filed - Succession of plaintiff to estate of 'J' does not open on date of filing of suit. L. P. A. No. 551 of 1975, D/- 25-7-1979 (Punj and Har), Reversed. (Para 5 6) (B) Limitation Act (36 of 1963) , Art.64— Adverse possession of co-sharer - Property belonging to several co-sharers - Possession of entire property by one co-sharer - It shall be deemed that he possesses property on behalf of other co-sharers unless there is clear ouster of other co-sharers by denying title of other co-sharers - Mutation in revenue record in the name of one co-sharer - Does not amount to outster unless there is a clear declaration that title of other co-sharers was denied. (Para 9 10) .....