Sir, in one case the plaintiff filed the suit for declaration of his title and for eviction. he stated that his father purchased the suit land and after the death of his father he accordingly inherited the suit property. he claimed that the defendant is a permissive possessor and he has not vacted the suit land . The defendant in his written statement in one paragraph stated that the plaintiff has no title as he has not traced out his title, but later he stated that the plaintiff is not a sole owner of the suit land and the defendant is possessing the suit land adversely.
During Argument defendant submitted that the burden is upon the plaintiff to prove his title, but the plaintiff has not stated in his plaint as to whether the vendor of his father has title or not so he failed to trace out his title. The plaintiff submitted that as the defendant take the plea of Adverse possession so the title of the plaintiff is admitted, hence the plaintiff is not required to prove his title stictly.
What is the right position sir ?
