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Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): K. S. Radhakrishnan, A. K. Sikri , JJ

(A) Specific Relief Act (47 of 1963) , S.34— Suit for declaration of title - Onus to prove his title is on plaintiff - He cannot succeed on weakness of defendant's case. The plaintiff in a suit for declaration of title and possession could succeed only on the strength of its own title and that could be done only by adducing sufficient evidence to discharge the onus on it, irrespective of the question whether the defendants have proved their case or not. Even if the title set up by the defendants is found against, in the absence of establishment of plaintiff's own title, plaintiff must be non-suited.(Para 15) (B) Specific Relief Act (47 of 1963) , S.34— Evidence Act (1 of 1872) , S.114— Suit for declaration of title - Revenue records - Not proof of title. (Para 17 20) (C) Specific Relief Act (47 of 1963) , S.34— Suit for declaration of title - Plaintiff relying on family settlement - Absence of suit land in family settlement - No explanation given by plaintiff - Title of plaintiff to suit land becomes doubtful - Decreeing suit by finding weakness in evidence of defendant, improper. CCCA No. 123 of 1996, D/- 6-9-2002 (AP), Reversed. ....