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Kasi Gounder vs Chinnapaiya Gounder on 28 June, 2001

11. When the plaintiff has come forward with a suit for declaration and recovery of possession, the burden is only upon the plaintiff to show that he has got valid title to the property and based upon the title, he is entitled to get recovery of possession. From the recital under Ex. A-4, it is clear that an absolute right was made in favour of the plaintiff, but for the reasons stated in Ex.B-1, it was cancelled. It is referred that the plaintiff had failed to maintain her and therefore, she cancelled Ex.A-4. One of the contentions raised was that since the absolute right was conferred under Ex. A- 4, she had no right whatsoever to cancel the document. P.W. 2 has been examined to prove the execution of Ex.A-4 . Reliance is also placed upon the decision reported in R. Kumaraswamy Kounder v. V. Ezhumalai Kounder that if the execution of the document is accepted the settlee need not examine anyone for proving the same.
Madras High Court Cites 7 - Cited by 3 - Full Document
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