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1971 Supreme(Mad) 703

P.S.KAILASAM
Ramaswami Jadaya Gounder (died) – Appellant
Versus
V. T. Elaiya Pillai – Respondent


Advocates:
S. Narayanan, for Petitioner; Mrs. Radha Rani, for Respondent.

Judgement

ORDER:- This revision petition is filed by the plaintiff against the order of the lower Court holding that the burden of proof that the document was not properly executed is on the defendant. According to the petitioner defendant, the first respondent entered into an agreement on 9-10-1952 according to which the parties adjusted their rights inter se under the compromise decree. The plea of the first respondent is that he only knows to sign his name and he had no knowledge of the contents of the documents to which his signatures are taken; and he was not informed of the contents of the documents as the documents were not read over or explained to him. The lower court, holding that it was not the first respondent's case that his signatures were taken in blank sheets and that he had signed the completed documents, held that the burden of proof is on the first respondent and he had to begin. Reliance was placed for this view on Natesa Gounder v. Ramayya Gounder, (1966) 79 Mad LW (SN) p.16, where it was held by this Court that an admission by putting one's name on blank sheet cannot amount to an acknowledgment or token of the execution of a document. It was also held that if t


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