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1993 Supreme(SC) 1119

R. M. SAHAI, S. P. BHARUCHA, M. N. VENKATACHALIAH
Traders And Traders – Appellant
Versus
Ramnarayan Bhattad – Respondent


(1) THIS plaintiffs appeal, by grant of special leave, directed against judgment of the Madras High court, arising out of the suit filed for recovery of balance amount towards payment for the value of stock transferred in favour of defendant after he executed a deed of release relinquishing all his rights and interest in the firm in which he was a partner with plaintiff raises a very short question if the finding recorded by the division bench suffers from any error of law or is violative of substantial justice.

(2) THAT the plaintiff and defendant were partners in a firm known as Traders and Traders, from which the defendant retired was not in dispute. Nor there was any dispute that some stock of the firm was transferred on settlement in favour of the defendant for which he was to make payment. The controversy centred round if the settlement arrived was superseded subsequently. The settlement deed was Exbt. D-2. The release deed executed subsequently was Exbt. P-22. And Exbt. P-24 was a paper signed by the defendant which purported to cancel all release deeds including the settlement deed Exbt. D-2. The claim of the appellant was that the respondent who had made on


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