Kandaiya Rajaratnam vs Rajendran Kanendran – CA NO. 821/2000-2013

In the case between Kandaiya Rajaratnam (Plaintiff-Respondent) and Rajendran Kanendran, Rita Maheshwaree (deceased), and Mariyadas Mary Jospin Pabida (Defendant-Appellants), the court addressed the issue of entitlement to declaration of title to land and rights claimed by the Defendant-Appellants as statutory tenants. It was held that the Plaintiff-Respondent was entitled to a declaration of title and for the ejectment of the Defendants, reaffirming the principle that the burden lies on the party asserting statutory tenancy to establish such a right. This decision relied on the evidentiary standards required for declarations of title and statutory tenancy, emphasizing that failure to substantiate claims with credible evidence will result in the upholding of the lower court’s findings.

Upa