Prasanth and Another vs. Devarajan and Another – sllr 2021 volume 2 page 419

In the case between Prasanth and Another (Plaintiffs) and Devarajan and Another (Defendants), the court addressed the issue of the burden of proof in vindicatory actions concerning property title disputes. It was held that once a plaintiff’s paper title is accepted or established, the burden shifts to the defendant to justify possession, particularly when a claim of prescriptive (adverse) possession is made. The principle reaffirmed that permissive, or licensee, possession does not amount to adverse possession necessary to establish prescriptive title. In reviewing the evidentiary status of documents marked “subject to proof,” the court emphasized the limitations on the judge’s role in the adversarial system, insisting on strict adherence to evidentiary requirements. The decision relied up