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State Of Kerala vs M.K. Kunhikannan Nambiar ... on 4 December, 1995

9. Learned senior counsel relied upon the judgment of Apex Court delivered in the matter of State of Kerala Vs. M.K. Kunhikannan Nambiar Manjeri Manikoth, Naduvil (dead) & Ors. reported in (1996) 1 SCC 435 Signature Not Verified wherein it was decided that unless necessary order is passed, document cannot Signed by: PREETI TIWARI Signing time: 4/29/2024 6:37:39 PM 5 be treated as void or voidable and the same shall be presumed to be valid until set aside or otherwise held to be invalid by the court of competent jurisdiction. On the strength of the aforesaid pronouncement of Apex Court, he submits that sale deed executed in favour of defendants by father of plaintiff is still in force and is valid document and the recital of delivery of possession was required to be considered by the trial court and the appellate court and no oral evidence contrary to the recital could be considered in view of the provisions of Section 91 and 92 of the Evidence Act.
Supreme Court of India Cites 6 - Cited by 170 - K S Paripoornan - Full Document
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