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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Satya Brata Sinha, R. V. Raveendran , JJ

(A) Limitation Act (36 of 1963) , Art.65— Adverse possession - Burden of @page-SC4408Proof - Suit by plaintiffs reversioners on basis of title by inheritance - Defendant in whose favour gift of suit property alleged to be made by deceased mother of plaintiffs - Neither raised plea of adverse possession nor proved acquisition of title by adverse possession - Suit not barred by limitation under Art. 65. (Para 26) (B) Evidence Act (1 of 1872) , S.107, S.108— Death of person - Burden to prove - Death of widow not in question, but date of death is - Both parties failed to prove date of death - However, having regard to presumption contained in S. 108, Court shall presume that she was dead having not heard of for a period of seven years by those who would naturally have heard of her, if she had been alive - But that by itself would not be a ground to presume that she had died seven years prior to date of institution of suit. (Para 20) .....