Summary and Analysis of Kisan Vithoba Aakhade D Thr LRs & Ors vs Suresh Tukaram Nerkar 2025 INSC 1092
1. Heading of the Judgment
Case Name: Kisan Vithoba Aakhade (D) Through Legal Representatives & Others vs Suresh Tukaram Nerkar
Citation: 2025 INSC 1092 (Civil Appeal No. 720 of 2015)
Court: Supreme Court of India
Judges: Hon'ble Mr. Justice Prashant Kumar Mishra and Hon'ble Mr. Justice K. Vinod Chandran (Authored by K. Vinod Chandran, J.)
Nature of Case: Civil Appeal challenging a High Court's decision in a Second Appeal, which had reversed the concurrent findings of two lower courts in a property dispute.
2. Related Laws and Sections
The judgment revolves around the interpretation of evidence in civil suits, particularly those related to title and possession of property. The key legal principles involved are:
Principles of Evidence: The standard of proof required to establish title and possession, and the evaluation of documentary evidence (sale deed, revenue records) versus physical acts (dumping waste).
Specific Relief Act, 1963 - Section 34: This section deals with suits for declara
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