Thangavetpillai Selvakumar v. Vallipuram Radhakrishnan – SC APPEAL 66/2012-2021

In the case between Thangavetpillai Selvakumar (Plaintiff) and Vallipuram Radhakrishnan (Defendant), the court addressed the issue of whether the land described in the plaint, the Permit, and the Defendant’s possession was identical, and determined the proper allocation of the burden of proof regarding identification of the disputed land. The court held that the onus of proving the identity of the land lay with the Plaintiff, and that the Plaintiff had satisfactorily established that the land in question was the same as that described in the Permit and the plaint. It was affirmed that both the District Court and the High Court had correctly decided in favour of the Plaintiff. The principle of burden of proof in disputes involving identification of property was reaffirmed, with reliance pla