‘Burden Of Proof’ Never Shifts Whereas ‘Onus Of Proof’ Shifts Continuously In Evaluation Of Evidence
Case: Md. Akbor Ullah v. Md. Rahamat Ullah and Ors.
Coram: Justice T. Amarnath Goud
Case No.: RSA. No. 06 of 2020
Court Observation: “Thus, it can be said that the learned Trial Court was very much justified in passing the impugned judgment and decree declaring the rights, title and interest of the Plaintiff over the suit and recovery of possession of the same from the defendant as in the case the defendant had not claimed adversary possession…</span>In a suit for possession based on title once the plaintiff has been able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof the burden of proof lying on the plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff’s title.”
“What are matters arising under and provided for by the provisions of TLR & LR Act are those matters, which are adumbrated in Section-44, namely, the settlement or determination of land revenue or the incidence of any tenancy to which record of rights relates or alteration of any entry in the records of rights finally published, revised, corrected or modified under any provisions of this Chapter-V or ChapterVIII of the Act consequent upon notification issued under section 26 after commencement of the TLR and LR Act. Section-44 is exhaustive enough to cover virtually any matter in connection therewith for which the jurisdiction of civil court is excluded.”
During the subsistence of the authorization in favour of the respondents, the appellant has no locus standi to question the authorization issued in favour of the respondents. It is not for this Court to decide the validity of the allotment of land by the Government in favour of the respondents in this second appeal. If there is any violation of conditions or attraction of disqualifications, it is for the appropriate authorities to look into the matter.
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