AIR 2006 BOMBAY 174 ::2006 (3) ALJ 583 ::2006 (2) AIR Bom R 811 ::2006 (3) AIR Kar R 326 ::(2006) 3 AllMR 487 (BOM) ::2006 (3) All MR 487 ::2006 (2) BomCR 910 ::(2006) 42 AllIndCas 516 (BOM)

Bombay High Court

Hon'ble Judge(s): N. A. Britto , J

(A) Evidence Act (1 of 1872) , S.114, S.101— Presumption - Registered sale deed - Carries presumption of genuineness - Burden to prove that it is not genuine lies on person who alleges that it is not so. (Para 12) (B) Specific Relief Act (47 of 1963) , S.38— Evidence Act (1 of 1872) , S.114, S.101— Burden of proof - Suit for injunction simpliciter based on possession - Plaintiff producing sale deed in support of his title - It was for defendant to show that he had better or prior title - Plaintiff also producing documentary evidence to show that suit property was in possession of seller of plaintiff and thereafter in possession of plaintiff - Failure by defendant to displace presumption of possession - Plaintiff entitled to relief of injunction. (Para 11 12 13) .....