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2023 Supreme(Mad) 3084

K. MURALI SHANKAR
Selvaraj – Appellant
Versus
V. K. Parasuram (Died) – Respondent


Advocates:
For the Appellant :B. Pandiaraj, Advocate. For the Respondents:R1 to R3, M. Vallinayagam, Senior Counsel, B. Rahamadullah, Advocate, R4 & R5, No Appearance.

Table of Content
1. establishment of property ownership and suit initiation. (Para 1 , 2 , 3 , 4)
2. contentions regarding the validity of the settlement deed. (Para 5 , 6 , 7)
3. conditions under which additional evidence may be admitted. (Para 18 , 19 , 21 , 22)
4. burden of proof in cases of undue influence. (Para 30 , 35 , 36)
5. burden of proof regarding undue influence. (Para 38 , 49)
6. requirements for a valid cancellation of a deed. (Para 39 , 70)
7. conclusion on appeal and costs. (Para 71 , 72)

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 r/w 41 of the Code of Civil Procedure, 1908 against the Judgment and Decree, passed by the Principal District Court, Dindigul in O.S.No.20 of 2019, dated 01.09.2021.)

1. The Appeal Suit is directed against the judgment and decree passed in O.S.No.20 of 2019, dated 01.09.2021, on the file of the Principal District Court, Dindigul.

2. The suit is for declaration and for permanent injunction.

3. Originally, the first plaintiff has laid a suit against his father V.K.Parasuram and his brother Selvaraj in O.S.No.608 of 2008, on the file of the District Munsif Court, Dindigul and subsequently the suit was transferred to the Principal District Cour

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