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Which one of the following Sections of the Indian Evidence Act, gives effect to the principle that "possession is the prima facie evidence of a comple
Question

Which one of the following Sections of the Indian Evidence Act, gives effect to the principle that "possession is the prima facie evidence of a complete title"?

A.

Section 110

B.

Section 112

C.

Section 113

D.

Section 114

Correct option is A


The correct answer is (a) Section 110. Section 110 of the Indian Evidence Act, 1872, gives effect to the principle that "possession is prima facie evidence of a complete title." It states that when a person is in possession of property, the law presumes that the person has a valid title to it unless proved otherwise. The burden of proof lies on the person who asserts that the possessor does not have title to the property.
· Explanation:
· Section 110 I.E.A.: This Section establishes a presumption in favor of the person who is in possession of property, assuming that they are the lawful owner unless someone else can prove a better title. This legal presumption simplifies disputes over property by protecting the rights of those who are in possession, recognizing that proving title may be challenging.
Information Booster:
1. Possession as Evidence of Title: Section 110 reinforces the legal principle that being in possession of property suggests ownership, and the onus is on others to disprove this.
2. Burden of Proof: The Section shifts the burden of proof to the person challenging the possessor's title, making it easier for the possessor to defend their claim to the property.
3. Application: This principle is widely applied in civil disputes involving property ownership, helping to resolve issues where documentary evidence of title may be lacking or ambiguous.
Additional Information:
· Section 112 (b): Deals with the presumption of legitimacy of a child born during a valid marriage.
· Section 113 (c): Relates to the Proof of cession of territory.
· Section 114 (d): Provides general rules for presuming the existence of certain facts, such as presuming the regularity of official acts or the existence of common practices.

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