Topic

title claim

2 articlesLatest April 2026
Order XLI Rule 27 CPC | Additional Evidence Cannot Cure Fundamental Defects in Title Claims Based on Unproven Ancestral Possession : SC
Case Law Analysis
|Supreme Court of India

Order XLI Rule 27 CPC | Additional Evidence Cannot Cure Fundamental Defects in Title Claims Based on Unproven Ancestral Possession : SC

The Supreme Court barred appellate courts from admitting additional evidence under Order XLI Rule 27 CPC to salvage title claims rooted in unsubstantiated assertions of ancestral ownership, reinforcing that trial courts are the sole forum for establishing title and that procedural negligence cannot be remedied on appeal. This sets a critical precedent for property litigants and practitioners handling title disputes where possession is contested without documentary proof.